Legal Opinion

Hill v. Sewald

Supreme Court of Pennsylvania

Decided January 7, 1867PublishedCited by 37 opinions

Error to the District Court of Allegheny county. This was an action of trover, commenced September 30th 1865, by William H. Hill against Christian Sewald and Peter Sewald, to recover the value of two boilers, &c. On the 1st of April 1859 the Sewalds conveyed to J. M. Snodgrass a piece of ground, on which was a steam-mill, and took a mortgage from him for $2500 of the purchase-money.

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Error to the District Court of Allegheny county. This was an action of trover, commenced September 30th 1865, by William H. Hill against Christian Sewald and Peter Sewald, to recover the value of two boilers, &c. On the 1st of April 1859 the Sewalds conveyed to J. M. Snodgrass a piece of ground, on which was a steam-mill, and took a mortgage from him for $2500 of the purchase-money. In the fall of 1861 the boilers, &c., in the mill being worn out and unfit for use, were removed, and Hill, by agreement with the wife of Snodgrass, who was then in the army, had boilers belonging to himself put…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

Upon the assumption of the learned judge of the *273District Court, that the boilers, with the front, safety-valve, and pipe attached thereto, were annexed to the freehold by the owner thereof, his conclusion was sound, and supported by the authorities he cites. But this is the very point in the case, and depends on ■what constitutes a legal incorporation or conversion of a chattel into the realty. We agree with him that the act of Mrs. Snod-| grass is to be viewed as the act of her husband, who, after hisY return from the army, did not disavow…

2Cases cited4 opinions

  1. Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
  2. The San PedroSupreme Court of the United States · 1817
  3. Lemar v. MilesSupreme Court of Pennsylvania · 1835
  4. Pyle v. PennockSupreme Court of Pennsylvania · 1841

3Cited by37 opinions

  1. Clayton v. LienhardSupreme Court of Pennsylvania · 1933
  2. Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
  3. Oakland Bank of Savings v. California Pressed Brick Co.California Supreme Court · 1920
  4. United Laundries, Inc. v. Board of Property AssessmentSupreme Court of Pennsylvania · 1948
  5. Vail v. WeaverSupreme Court of Pennsylvania · 1890

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