Squires v. Howell

Citations

• 12 Pa. Super. 8
• 1899 Pa. Super. LEXIS 196

Syllabus

<p>Equity jurisdiction — Essentials for recovery of a chattel by bill in equity.</p> <p>To sustain a bill in equity for the recovery of personal chattels there must be a olear and explicit denial of title in the defendant and an averment of some peculiar or special quality in the article which imparts to it a worth independent of its marlcet value, or some trust obligation associated with it, or some tort or fraud practiced by defendant in securing its possession.</p> <p>A demurrer was sustained to a bill brought to recover a fur coat therein described as “ of great value andan heirloom,” and also as having great and peculiar value as a memento of plaintiff’s decedent. The bill did not aver want of title in defendant nor that estate was solvent nor that the legatee was related by blood to decedent through which it could be an heirloom.</p>