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2 Pen. & W. 166

Allen v. Allen

Supreme Court of Pennsylvania

Decided September 15, 1830

Supreme Court of Pennsylvania · decided 1830-09-15

IN EUROS. Error to Crawford county. This was an action of trover., brought to recover the price of •a mare and two colts, by Eleanor AUen against Moses Allen. The mare belonged t.o the plaintiff; the evidence .of the manner in which the defendant obtained the possession of her and her colts, was thus'stated by a -witness.: “The plaintiff told the defendant, she had brought'her mare there to be kept for her service or work ; that she, had no pasture.

Decided 1830-09-15

Per Curiam.

¶1There was clearly no hiring for a definite time, to constitute the defendant a temporary owner, which was necessary to entitle him to the increase. The transaction was a letting of pasture, in consideration of services to be rendered by the animal depastured, a contract altogether different from that of hiring. The plaintiff could, at any time, have taken the animal away without the consent of the defendant who was a naked bail-lee He was therefore not entitled to the direction which he required, and it was not error to withhold it.

¶2Judgment affirmed.

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