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1 Pennyp. 498

Strong v. Burdick

Supreme Court of Pennsylvania

Decided October 31, 1881

Supreme Court of Pennsylvania · decided 1881-10-31

Trespass by S. H. Burdick and Lucy M. Burdick, his wife, in right of the wife, against G. L. Strong, Byron Edmunds, and John Cowicks, to recover damages for a levy upon and sale of certain goods and chattels as the property of the husband of the plaintiff’, which were alleged to belong to the wife.

Decided 1881-10-31

Per Curiam:

¶1The answer of the Court to the defendant’s third point, which is the only error here assigned, was entirely right. The mere fact that the plaintiff claimed as belonging to her all the goods levied upon and advertised to be sold, and gave notice of such claim at the sale, when she afterward was only able to establish her claim to a part, was certainly not per se a fraud on the creditors of her husband. She may have honestly believed that she was the owner of them all, and failed to substantiate her title from defect of evidence.

¶2Judgment affirmed.

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