Legal Opinion

Martin v. Mathiot

Supreme Court of Pennsylvania

Decided June 7, 1826PublishedCited by 6 opinions

IN ERROR. Error to the Court of Common Pleas of Lancaster county. In the court below it was an action of trespass, ’ brought by David Martin, _the plaintiff in error, against John Mathiot, late-sheriff of Lancaster county, for seizing four wagon horses with the harness appurtenant to them.

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IN ERROR. Error to the Court of Common Pleas of Lancaster county. In the court below it was an action of trespass, ’ brought by David Martin, _the plaintiff in error, against John Mathiot, late-sheriff of Lancaster county, for seizing four wagon horses with the harness appurtenant to them. The defendant justified the seizure under a writ offi. fa. directed to him as sheriff, whereby he was commanded to levy .a certain debt, for which judgment had been obtained by Robert Croser against John Michael, on the goods and chattels of the said Michael. The plaintiff replied,, that the horses and…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

I cannot say that I perceive any error in the opinion of the Court of Common Pleas.. Possession of personal property is the great mark of ownership. It is almost the only index which the world in general has to look to. But there are exceptions. There are certain necessary, and lawful contracts, by which the owner parts with the possession, and yet fraud cannot be presumed. Such are the 'contracts of lending and hiring, both very useful, and without which society could not well exist. It is of the essence of these, that the owner should…

2Cases cited2 opinions

  1. Clow v. WoodsSupreme Court of Pennsylvania · 1819
  2. Babb v. ClemsonSupreme Court of Pennsylvania · 1824

3Cited by6 opinions

  1. Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
  2. Streeper v. EckartSupreme Court of Pennsylvania · 1837
  3. Rose v. StorySupreme Court of Pennsylvania · 1845
  4. Sumner v. WoodsSupreme Court of Alabama · 1875
  5. McCall v. PowellSupreme Court of Alabama · 1879

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