Gallagher Bros. v. Davis ex rel. Purdy

Citations

• 179 Pa. 504
• 36 A. 319
• 1897 Pa. LEXIS 680

Syllabus

<p>Sheriff's interpleader — Evidence—Province of court and, jury.</p> <p>On the trial of a sheriff’s interpleader to determine the title of certain machinery, it appeared that A had bought tjie machinery and used it to erect a manufacturing plant upon land leased from D. Subsequently D executed a mortgage upon the land, and upon foreclosure proceedings, the plaintiffs in the interpleader bought the premises. A continued in possession and continued to operate the manufacturing plant, paying rent for the premises after the sheriff’s sale to the plaintiffs who knew that lie was the owner of the machinery. A still owed for the machinery, and judgment having been obtained against him, levy was made upon the machinery, whereupon the plaintiffs claimed to be the owners of it and this issue was framed in which the execution creditors of A were made defendants. Held, (1) that the burden of proof was on the claimants; (2) that as the testimony was insufficient to go to the jury it was proper to give binding instructions in favor of the defendant in the interpleader.</p> <p>Practice, S. G. — Assignments of error not according to rule.</p> <p>An assignment of error in the following form “ The court erred in its opinion on rule for new trial and its findings of facts in the opinion for the same reasons that it erred in the verdict directed in this case ” is not according to rute in that it fails to call attention to any specific error.</p>