McQuale v. North American Smelting Co.
Supreme Court of Pennsylvania
Appeal, No. 278, Jan. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1902, No. 2292, on verdict for plaintiff in case of Elizabeth McQuale v. North American Smelting Company. Replevin for metal piales. Before Davis, J. . At the trial it appeared that plaintiffs had been tenants of the property 912 and 914 Race street, Philadelphia. They discontinued their tenancy in 1897, but continued to keep stored in the cellar certain metal plates.
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Appeal, No. 278, Jan. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1902, No. 2292, on verdict for plaintiff in case of Elizabeth McQuale v. North American Smelting Company. Replevin for metal piales. Before Davis, J. . At the trial it appeared that plaintiffs had been tenants of the property 912 and 914 Race street, Philadelphia. They discontinued their tenancy in 1897, but continued to keep stored in the cellar certain metal plates. They retained the keys of the cellar, and no objection was made either by the owner or subsequent tenants. In 1903 one Schleich, a…
1Opinion of the Court
Per Curiam,
The property admittedly belonged to the plaintiffs when they *505placed it in the cellar, and they have done nothing since to divest the title. It is true they left it on the premises after their lease had expired and they had given up possession, but abandonment cannot be inferred because they retained the key of the cellar and the control of the property, with the knowledge, and it must be assumed with the consent, of the lessor. The question of good faith in the purchasers does not arise. They bought whát their vendor had no right to sell, and however innocent they got no title as…
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