Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-11-28
Cour, OF common Piess.

BEFORE JUDGE PATTERSON.
Winfield 8. Kennedy va, Nathanial Burt.
This IL an action OF roplevin TO recover
possession of Champion reaper. rrom
the testimony for the plaintih " apPearou
that in March, 1880, Evan Bnsler' VINO was
then tenant farmer Of defendant In Sails.
bury township. had public sale OF his
personal property, previous to leaving the
farm. The reaper In question was put up
and both parties To this suit were bidders !;
tho machine was purchased by Burt for
400. The terms OF the sale were that
the approved notes Of purchasers would be
taken, on n credit of ten months. MIR.
HURT did not tender his noto to tho clerk
of tho sale, and tho machine was removed
to tho barn Of Martin Overholtzer, q
neighbor OF Buslcr; Shortly afterwards
IL was sold to plaintiff for $50 by Busler,
the former going his note endorsed by
Robert Baldwin. In April before this
noto was due, defendant called upon
Overholtzer and demanded tho reaper !;
plaintiff notified Ovcrholtzer not to give
tho machine to Burt shortly Afterwards,
however, with some other men, he removed
the reaper, Kennedy then took writ
Of replevin and this suit to determine the
owner of the property Is the result.
The defense called witnesses to show
that In the spring of tho years 1880.
Buster aud defendant had unsettled
accounts. On tho 10Th OF February, some
time previous to tho sale of Busler, no and
Burt had conversation, they looked over
their accounts aud II was found that Busler
owed defendant about $500 1t was then
agreed that Burt should attend the sale OF
Buslcr and purchase what he desired, the
settlements TO be made when the accounts
wero arranged on April lst pursuance
of this arrangements defendant attended
the sale and purchased this reaper, from
which tho knives were removed and locked
up, by his men assisted by Busler himself ;
defendant gave no note and was not asked
for any but understood that he would
settle for the reaper on April lst, he
learned afterwards hat tho reaper had
been removed TO Ovcrholtzer's, and had IL
taken TO his property. The rcplevin suit
followed and defendant gave bail for the
machine
BEFORE JUDGE LIVINGSTON.
Barbara Harmau aud Benjamin Harm au,
for use Of Barbara ITarman, Va. John B.
Erb, constable, action to recover the value
of a sewing machine which II was alleged
was taken illegally by defendant. The
evidence for ibc p'aiutin, who resides at
West Willow, was about as follows
Some years ago tho father Of Mrs
Harmau gave her 400; of that amount
Bhe invested $40 IN sewing machine. In
tho course of several years the r'prescnta-
tive of another sewing machiI " company
induced tho husband to make trade, by
which the old machine aud se5 were to be
given for tho new one note was given
for this amount or money by the husband,
and S20 was unpaid; suit was then brought
against Harman, an execution issued and
placed IN tho hands Of the defendant. lie
seized tho machine, and Mrs. Harmau
claimed II ; the constable was served with
written notice that tho machine was the
property og tho woman when execution
was issued notwithstanding the notice,
the machine was sold, and this suit Is
brought 10 recover tho value of the
machine.
Tho defense was that the husband made
this trade 10 the presence OF his wife abe
was perfectly satisfied. aud made no OhiCc.
tiOp; neither did she claim that she owned
the old machine 1t was only after the
execution was issued that she claimed any
ownership Of the machine. The jury rem
dsred verdict for the plaintiff in tho sun
Of s91 30