Kichline v. Lobach

Citations

• 125 Pa. 295
• 17 A. 432
• 1889 Pa. LEXIS 715

Syllabus

<p>(а) In an action against a constable for a wrongful levy upon and sale of a wagon, claimed to be the property of the plaintiff and not that of the execution debtor, it appeared that the wagon, in the custody of a bailee, had, prior to the levy, been first sold by the execution debtor, and again sold by his vendee to the plaintiff, the bailee being notified of the sales, and that the levy had then been made upon it in the hands of the bailee.</p> <p>(б) On the trial the constable, defendant, offered to prove by the first vendee, that at the time he bought he knew that the owner was being pressed by creditors; that the witness induced the plaintiff to buy the wagon; that the plaintiff knew the money which he paid therefor would go to the original owner, and that there was a conspiracy between the debtor, his vendee and the plaintiff to defraud the execution plaintiff.</p> <p>1. In such case, the question was as to the existence of actual fraud, and, as the plaintiff was alleged to be a party to a conspiracy, and as the witness was a party to both of the sales and know the facts, it was competent to examine him with particularity as to the several transactions, and the evidence should have been admitted.</p>