Scott v. Heilager
Supreme Court of Pennsylvania
Error to the Common Pleas of Mercer county. This was an action of trespass, brought by John Y. Scott the plaintiff in error, in the Court of Common Pleas, against Frederick Heilager and Samuel Sweezy, the defendants in error, for seizing and taking away two horses, harness, and wagon, the property of the plaintiff, also two new halters. The property had belonged to Samuel Strain, except the halters, which were purchased by Scott from another person.
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Error to the Common Pleas of Mercer county. This was an action of trespass, brought by John Y. Scott the plaintiff in error, in the Court of Common Pleas, against Frederick Heilager and Samuel Sweezy, the defendants in error, for seizing and taking away two horses, harness, and wagon, the property of the plaintiff, also two new halters. The property had belonged to Samuel Strain, except the halters, which were purchased by Scott from another person. About the last of Jan. 1847, the plaintiff, Scott, purchased the horses, harness, and wagon, with some other property, from Strain, for $110.…
1Opinion of the Court
The opinion of the court was delivered, by
Coulter, J.
— The evidence contained in the two bills of exceptions, tendered by plaintiff, ought to have been rejected.
Scott had purchased the horses, harness, &c., about four weeks before they were levied on, from Strain, had taken them into his possession, and used them as his own, and paid for them. There was no evidence of any collusion, or fraud, or combination, or concert, between him and Strain; nor that he knew Strain was indebted, much or little, without the means of paying it, arising *240either from this sale or other property. Under these…
2Cited by4 opinions
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- Littieri v. FredaSupreme Court of Pennsylvania · 1913
- Pennsylvania Trust Co. v. ScheneckerSupreme Court of Pennsylvania · 1927
- Kichline v. LobachSupreme Court of Pennsylvania · 1889