Legal Opinion

Kinsley v. Kinsley

Superior Court of Pennsylvania

Decided December 10, 1923No. Appeal, 318Published

Appeal, No. 318, Oct. T., 1923, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1922, No. 7193, directing a verdict in favor of defendants, in the case of Ella A. Kinsley v. Joseph T. Kinsley; F. King Wainwright, Clement R. Wainright and Laura L. Wainright, executors of the Estate of Joseph R. Wainright, deceased. Sheriff’s interpleader to determine the title to household goods. Before Finletter, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 318, Oct. T., 1923, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1922, No. 7193, directing a verdict in favor of defendants, in the case of Ella A. Kinsley v. Joseph T. Kinsley; F. King Wainwright, Clement R. Wainright and Laura L. Wainright, executors of the Estate of Joseph R. Wainright, deceased. Sheriff’s interpleader to determine the title to household goods. Before Finletter, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the defendant. Plaintiff appealed. Error assigned was, among others, the order…

1Opinion of the Court

Opinion by

Henderson, J.,

This is an interpleader issue arising on the claim of the plaintiff to the personal property levied on by the sheriff on an execution against her husband. The property consists of household furniture. The court gave binding instructions for the defendant and from that direction the plaintiff appealed. The source of title alleged was a series of gifts by her husband to the plaintiff during the course of their married life. They had been married for about thirty-seven years, and for about six years before the trial had been living in a house the title to which was in the…

2Cases cited3 opinions

  1. Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
  2. Hugus v. RobinsonSupreme Court of Pennsylvania · 1853
  3. McGuire v. JamesSupreme Court of Pennsylvania · 1891

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