Grandison v. Gregg
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1916, by defendant, ’ from judgment of C. P. Westmoreland Co., Feb. T., 1915, No. 6, on verdict for plaintiff in case of Mary Grandison v. J. N. Gregg. Feigned issue to determine ownership of goods taken in execution. Before Doty, P. J. At the trial-it appeared that the property in question was mainly household goods claimed by the plaintiff. The evidence in favor of the plaintiff is summarized in the opinion of the Superior Court.
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Appeal, No. 79, April T., 1916, by defendant, ’ from judgment of C. P. Westmoreland Co., Feb. T., 1915, No. 6, on verdict for plaintiff in case of Mary Grandison v. J. N. Gregg. Feigned issue to determine ownership of goods taken in execution. Before Doty, P. J. At the trial-it appeared that the property in question was mainly household goods claimed by the plaintiff. The evidence in favor of the plaintiff is summarized in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was various instructions quoting them.
1Opinion of the Court
Opinion by
Kephart, J.,
This is an appeal from a feigned issue to determine the title to personal property. The claimant was the wife *72of the defendant in the execution. She is required to substantiate her claim by proof sufficient to repel all adverse presumptions. The burden is on her to show that the property itself was her separate property by gift, descent, or otherwise, or that the money which she put into the property was her own money or obtained upon her own credit and that it was not the property of her husband or obtained with money or upon his credit. This she must show by proof that…
2Cases cited1 opinion
- Hilton v. Liebig Manufacturing Co.Superior Court of Pennsylvania · 1915
3Cited by3 opinions
- Whitton v. H. A. Gable Co.Supreme Court of Pennsylvania · 1938
- Cameron, SEC. of B. v. P. Bk. of MaytownSupreme Court of Pennsylvania · 1929
- Greene v. KeachSuperior Court of Pennsylvania · 1932