Wickham v. Berwick Store Co.
Superior Court of Pennsylvania
Appeal, No. 18, March T., 1911, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1908, No. 198, on verdict for defendant in case of C. L. Wickham v. Berwick Store Company. Sheriff’s interpleader to determine title to a team of horses. Before Lynch, P. J. The court charged as follows: S. W. Cole lived at Bloomsburg and was the owner of two horses and other property.
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Appeal, No. 18, March T., 1911, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1908, No. 198, on verdict for defendant in case of C. L. Wickham v. Berwick Store Company. Sheriff’s interpleader to determine title to a team of horses. Before Lynch, P. J. The court charged as follows: S. W. Cole lived at Bloomsburg and was the owner of two horses and other property. He contends that on December 24, 1907, he honestly, for a valuable consideration, sold this property to his father-in-law, Mr. Wick-ham; and that in pursuance of this sale, Mr. Wickham directed Cole to take the property…
1Opinion of the Court
Opinion bt
Head, J.,
This was a feigned issue to try the title to a team of horses levied on and sold as the property of one Cole. Wickham, the plaintiff, who was the father-in-law of Cole, claimed that the horses belonged to him, and this proceeding under the sheriff’s interpleader act followed. It resulted in a verdict and judgment for the defendant, *181the purchaser of the property at the sheriff’s sale, and the plaintiff appeals. The learned trial court declined to instruct the jury, as matter of law, that there had been no such change of possession of the property in question as would…
2Cases cited7 opinions
- Garretson v. Hackenberg, Pennsylvania Court of Common Pleas, Potter County1891
- Souder v. SchechterlySupreme Court of Pennsylvania · 1879
- Bell v. McCloskeySupreme Court of Pennsylvania · 1893
- McGuire v. JamesSupreme Court of Pennsylvania · 1891
- Boyer v. WeimerSupreme Court of Pennsylvania · 1903
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