Benedict v. Marsh
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF WARREN COUNTY. No. 221 January Term 1889, Sup. Ct.; court below, No. 24 December Term 1887, C. P. On September 30, 1887, S. J. Benedict brought replevin against Boyd Marsh for certain saw-mill machinery of the value of $1,107. The defendant pleaded non cepit, property in himself, with leave, etc.
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ERROR TO THE COURT OF COMMON PLEAS OF WARREN COUNTY. No. 221 January Term 1889, Sup. Ct.; court below, No. 24 December Term 1887, C. P. On September 30, 1887, S. J. Benedict brought replevin against Boyd Marsh for certain saw-mill machinery of the value of $1,107. The defendant pleaded non cepit, property in himself, with leave, etc. At the trial on October 5, 1888, it was made to appear that in 1887 and prior thereto A. R. Kilburn was the owner of land on which he had erected a steam saw-mill. The structure was a building erected over a small stream of water, upon sills leveled by being sunk…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The only question in this case was whether the machinery in controversy was personalty or realty. The question was very fairly and correctly submitted by the court to the jury who found it to be personalty. There was conflicting evidence on the subject, and it is clear that the determination of the issue depended upon a question of fact which could only be decided by a jury.
The machinery in dispute was a certain steam engine and *314saw-mill machinery put up by one Kilburn on a tract of timber land belonging to him, and used in sawing logs cut from the land. Whether the…
2Cases cited3 opinions
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Seeger v. PettitSupreme Court of Pennsylvania · 1875
- Harmony Building Ass'n v. BergerSupreme Court of Pennsylvania · 1882
3Cited by8 opinions
- Holly Manuf'g Co. v. New Chester Water Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1891
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- New Chester Water Co. v. Holly Manuf'g Co.Court of Appeals for the Third Circuit · 1892
- (SS) Chavez Alvarez v. Commissioner of Social SecurityDistrict Court, E.D. California · 2021
- Diamond v. Butler, Pennsylvania Court of Common Pleas, Butler County1931
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