25 Pa. Super. 503 | Pa. Super. Ct. | 1904
Opinion by
This was a sheriff’s interpleader issue framed to determine the ownership of a team of horses and a set of harness levied upon as the property of Ralph Bigger by virtue of an execution in favor of Artley Tallman the appellant. They had never been in the actual possession of C. B. Renn, the claimant, prior to the execution, but were delivered directly to Bigger by Albert Wilson, the former owner, and were in the possession of Bigger at the time of the levy. The contention of Renn, briefly stated, was that he bought the chattels from Wilson, and, after the execution of a lease from him, Renn, to Bigger, directed the latter to take possession of them, which he did. The appellant’s contention was that Bigger bought them from Wilson and gave his note for the price with Renn as indorser, and that the lease was taken to secure the latter upon his indorsement. The form of the note is corroborative of the latter theory. In further support of his contention the appellant called two witnesses. The first testified to the effect that the day after the levy was made he had a conversa
Judgment reversed and venire facias de novo awarded.