Orbin v. Stevens

Citations

• 13 Pa. Super. 591
• 1900 Pa. Super. LEXIS 208

Syllabus

<p>Equity — Specific recovery of a battle flag — Failure of plaintiff to show .title.</p> <p>A bill in equity will lie for the detention of a personal chattel of peculiar value like a battle flag, where the law can afford no adequate ■compensation in damages, provided that title in the plaintiff be shown.</p> <p>A battle flag presented to the 85th Regiment of Pennsylvania Volunteers while in the service of the United States was the property of the regiment while in the service and after their discharge the title to said flag remained in the surviving members. No assignment or transfer of the flag having been made by the surviving members as such, held, on a bill brought by :an unincorporated regimental association composed of a part of the sur•viving members, less than a majority, to recover possession of the flag ■from defendant, also a member of the regiment, that no title to the flag was shown in the association and that the bill must be dismissed.</p>