Bollinger v. Gallagher
Supreme Court of Pennsylvania
Appeal, No. 465, Jan. T., 1895, by defendant, from .judgment of C. P. York Co., April T., 1889, No. 12, on verdict for plaintiff. Trespass for alleged wrongful levy and sale of a mule, borse, saddle and two bridles, claimed by plaintiff as her property. Before Latimer, P. J. This case was formerly before this court, and will be found in 168 Pa. 245. The property in controversy at one time belonged to George Bollinger, plaintiff’s husband.
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Appeal, No. 465, Jan. T., 1895, by defendant, from .judgment of C. P. York Co., April T., 1889, No. 12, on verdict for plaintiff. Trespass for alleged wrongful levy and sale of a mule, borse, saddle and two bridles, claimed by plaintiff as her property. Before Latimer, P. J. This case was formerly before this court, and will be found in 168 Pa. 245. The property in controversy at one time belonged to George Bollinger, plaintiff’s husband. In 1887, under ail execution against Bollinger, the property was sold in Maryland, and purchased by his wife, who gave therefor a note signed by herself, by…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
We agree with the learned counsel for the appellants in much of his criticism upon the manner in which this case was tried in the court below. The right of Mrs. Bollinger to recover did not depend in any sense upon the weakness of the title of the defendants, but upon the legal sufficiency of her own. It was evident from her case in chief that she was a married woman, claiming property that had belonged to her husband, and that her contest was with her husband’s execution creditors. It was indispensably necessary for her to show a purchase of the property by…
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