McCullough v. Willey
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dee. T., 1895, No. 1220, on verdict for defendant.
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Appeal, No. 216, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dee. T., 1895, No. 1220, on verdict for defendant. Sheriff’s interpleader to test the ownership of certain goods levied on by John Henry Willey as the property of Josiah Crowther, and claimed by the plaintiff. . From the record it appeared that the property in dispute was covered by a bill of sale and a lease, each dated October 12, 1895. The bill of sale under seal was as follows: “ Know all men by these presents, that we, David Beswick and Josiah Crowther, trading as Beswick and Crowther of Manayunk,…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
We think the learned court below was in error in holding that the plaintiff’s claim of title was qualified and not absolute. The bill of sale made by Beswick and Crowther to McCullough was absolute, and transferred the entire title of the grantors in the articles mentioned to the plaintiff, without any condition or qualification whatever. On the same day the plaintiff executed a lease to Beswick and Crowther of the same articles, with the ordinary conditions of a lease and an added stipulation that if the lessees should subsequently pay to the lessor a sum equal to…
2Cases cited4 opinions
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Buckley v. Duff & SonsSupreme Court of Pennsylvania · 1887
- Bell v. McCloskeySupreme Court of Pennsylvania · 1893
- Ditman v. B. F. Raule & Co.Supreme Court of Pennsylvania · 1889
3Cited by2 opinions
- McCullough v. WilleySupreme Court of Pennsylvania · 1901
- Root v. Hershey, Pennsylvania Court of Common Pleas, Lancaster County1926