Lehigh Co. v. Field
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. This was an action of trover for two canal boats, No. 228 and No. 145, Mauch Chunk register, which the defendants, William Field, Alexander C. Brittain, Samuel B. Brittain, and Cornelius Sellers, had seized as the property of John Callahan, by virtue of a writ of foreign attachment against Callahan in favour of A. S. Brittain & Co., and had sold in December 1836, under an order of sale granted by the court, notwithstanding notice…
Read the full summary
ERROR to the Common Pleas of Bucks county. This was an action of trover for two canal boats, No. 228 and No. 145, Mauch Chunk register, which the defendants, William Field, Alexander C. Brittain, Samuel B. Brittain, and Cornelius Sellers, had seized as the property of John Callahan, by virtue of a writ of foreign attachment against Callahan in favour of A. S. Brittain & Co., and had sold in December 1836, under an order of sale granted by the court, notwithstanding notice given by the plaintiff'. These boats were built by the Lehigh Coal and Navigation Company, and delivered to Callahan in…
1Opinion of the Court
*241The opinion of the Court was delivered by
Gibson, C. J.
The case which most resembles the present, is Martin v. Mathiot; but it had an all-important feature which this has not' — an actual, unqualified, and a visible change of the possession by delivery to the purchaser in part execution of the contract. In Jenkins v. Eichelberger, there was a present sale with an attempt to reserve a lien for the price, which the law did not allow: in our case there is only an agreement for a future sale. No more was determined in Martin v. Mathiot, than that an executory agreement to sell, accompanied by…
2Cited by8 opinions
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Stadtfeld v. Huntsman & Co.Supreme Court of Pennsylvania · 1880
- Neumoyer v. AndreasSupreme Court of Pennsylvania · 1868
- Tuthill v. WheelerNew York Supreme Court · 1849
- Chamberlain v. SmithSupreme Court of Pennsylvania · 1863
3 more not listed; retrieve them via the Exa API.