Hastings v. Sproul & Hastings
Superior Court of Pennsylvania
Appeal, No. 62, Aug. T., 1898, by Rebecca M. Hastings, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 15, on verdict for plaintiff. Opinion by W. D. Porter, J. Sheriff’s interpleader. Before Brubaker, J. It appears from the record that defendants were execution creditors of N. B. Ferguson. The plaintiff Rebecca M. Hastings claimed certain chattels levied upon, including certain growing wheat, under a bill of sale from defendants in the execution.
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Appeal, No. 62, Aug. T., 1898, by Rebecca M. Hastings, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 15, on verdict for plaintiff. Opinion by W. D. Porter, J. Sheriff’s interpleader. Before Brubaker, J. It appears from the record that defendants were execution creditors of N. B. Ferguson. The plaintiff Rebecca M. Hastings claimed certain chattels levied upon, including certain growing wheat, under a bill of sale from defendants in the execution. The question turned on whether there had been a delivery, actual or constructive, of the goods in question. The circumstances connected…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The defendant held a judgment against N. B. Ferguson, upon which they caused execution to issue, and a levy was made, May 5, 1898, upon the stock and farming implements in the possession of the judgment debtor, on a farm of which he was lessee and where he lived with his family. Rebecca M. Hastings, who was a sister of Ferguson’s wife, claimed the chattels levied upon and an issue was framed to try the question of her title. Upon the trial of the feigned issue the court gave binding instructions for the defendants, whereupon, the plaintiff took this appeal.
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2Cases cited6 opinions
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Goddard, Hill & Co. v. Leopold Weil & Co.Supreme Court of Pennsylvania · 1895
- American Steamship Co. v. YoungSupreme Court of Pennsylvania · 1879
- Billingsley v. White & SparhawkSupreme Court of Pennsylvania · 1868
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3Cited by2 opinions
- Kimelewski v. CommonwealthSuperior Court of Pennsylvania · 1909
- Little v. FearonSuperior Court of Pennsylvania · 1912