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167 Pa. 252

Kyte v. Foran

Supreme Court of Pennsylvania

Decided April 1, 1895

Supreme Court of Pennsylvania · decided 1895-04-01

Appeal, No. 387, Jan. T., 1895, by defendant, from judgment of C. P. Susquehanna Co., Aug. T., 1888, No. 58, on verdict for plaintiff. Trespass against sheriff to recover damages for an alleged wrongful sale of personal property. Before Archbald, P. J. At the trial, it appeared that the defendant on April 2,1888, sold a large quantity of personal property as the property of Joseph R. Kyte.

Affirmed · Decided 1895-04-01

Pee Curiam,

¶1We are not convinced that either of the assignments of error should be sustained. The witness referred to in the first specification was incompetent to testify to what occurred in the lifetime of plaintiff’s testatrix, and hence the offer to prove conversations, in which it was alleged she admitted that title to the personal property on the farm was in Joseph R. Kyte, was rightly rejected. The case depended on questions of fact which were fairly submitted to the jury with instructions which appear to have been substantially correct and adequate. There is nothing in any of the specifications of error that requires further notice.

¶2Judgment affirmed.

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