McGuire v. James

Citations

• 143 Pa. 521
• 22 A. 751
• 1891 Pa. LEXIS 941

Syllabus

<p>(a) The plaintiff in replevin showed that in 1882 he bought the mare in dispute in good faith from his step-father, with whom he then and afterwards made his home; that from his earnings he afterwards paid for the mare, paid for her keep, and had used her as he had need to until 1888, when she was sold to defendant at constable’s sale on a judgment against his step-father:</p> <p>1. Whether there was, in fact, such a change of ownership and possession as under the circumstances could reasonably be expected, in view of the character and situation of the property and the relations of the parties, was a question of fact under the evidence for the jury: Evans v. Scott, 89 Pa. 136; Crawford v. Davis, 99 Pa. 576; Renninger v. Spatz, 128 Pa. 521.</p> <p>2. If the purchase was in good faith, for a valuable consideration, followed by acts intented to transfer the possession as well as the title, and the vendee assumed such control as reasonably to indicate a change of ownership, the delivery cannot be held insufficient, as a matter of law, especially in the absence of evidence that the vendor was indebted at the time of the sale.</p>