10 Pa. Super. 82 | Pa. Super. Ct. | 1899
Opinion by
The defendant held a judgment against N. B. Ferguson, upon which they caused execution to issue, and a levy was made, May 5, 1898, upon the stock and farming implements in the possession of the judgment debtor, on a farm of which he was lessee and where he lived with his family. Rebecca M. Hastings, who was a sister of Ferguson’s wife, claimed the chattels levied upon and an issue was framed to try the question of her title. Upon the trial of the feigned issue the court gave binding instructions for the defendants, whereupon, the plaintiff took this appeal.
There are a number of assignments of error, but they all relate to the charge of the court, and are covered by the first, namely, that the court erred in withdrawing the case from the jury. If in that the court was right, it is not necessary to ex
The continued possession of the vendor was not under a lease from his vendee, so that the appellant did not have even the standing of the vendee in the case of Weller v. Meeder, 2 Pa. Superior Ct. 488. In that case the vendor executed a bill of sale and the vendee immediately executed a lease of the prop
In this case there was no evidence of a delivery, actual or constructive, there was no control of the property by the vendee and the possession of the vendor remained exclusive. The learned counsel for appellant argues that the vendee controlled the property, because she could have taken it from her vendor, whom she simply permitted to retain it. If the contention were sound, no sale could be held fraudulent in law, for such sales hold good between the vendor and vendee. The appellant simply had a power to assume control over the property, which she never exercised. It follows that the learned judge of the court below committed no error in withdrawing the case from the consideration of the jury.
Judgment affirmed.