Hastings v. Sproul & Hastings

Citations

• 10 Pa. Super. 82
• 1899 Pa. Super. LEXIS 244

Syllabus

<p>Vendor and vendee — Sheriff's interpleader — Fraud—Delivery of possession.</p> <p>Where the subject of a sale is capable of an actual delivery, it must accompany and follow the sale to render same valid against creditors of the vendor.</p> <p>Province of court — Fraudulent sale — Sheriffs interpleader.</p> <p>Where there was no evidence of a delivery, actual or constructive, no control of the property by the vendee, the possession of the property remaining exclusively in the vendor, the court, in a trial on a sheriff’s interpleader, where the vendor’s execution creditors were defendants and the vendee plaintiff and claimant, committed no error in withdrawing the case from the jury and directing a verdict for the defendants.</p>