Galbraith v. Bridges & Williams
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1895, by defendants, from judgment of C. P. Cumberland Co., Feb. T., 1893, No. 234, on verdict for plaintiff. Sheriff’s interpleader to determine the ownership of certain grain in the ground and corn in the crib.
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Appeal, No. 164, Jan. T., 1895, by defendants, from judgment of C. P. Cumberland Co., Feb. T., 1893, No. 234, on verdict for plaintiff. Sheriff’s interpleader to determine the ownership of certain grain in the ground and corn in the crib. Before Sadler, P. J. At the trial, it appeared that defendants held a judgment against John Galbraith, and that on Dec. 13,1892, they issued execution, and levied upon the tenant’s share of the growing crop, and the corn in the crib on a farm which the plaintiff alleged was leased to him, and not to the defendant in the execution. The evidence showed that…
1Opinion of the Court
Per Curiam,
This is an issue under the sheriff’s interpleader act. Certain goods were seized by the sheriff aS the property of John Galbraith. His son William Galbraith claims to own them, and-a question is thus raised between the defendants, who are the execution creditors of John, and William the claimant, as to the ownership of the property seized. There is no reason suggested why this question should not be settled in accordance with the actual fact. If the lessor was proceeding upon his lease, against the man who signed it as lessee, the questions raised by the appellant would require…
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