UNDERHILL COAL MIN. CO. v. HIXON


438 Pa.Super. 219 (1994)

652 A.2d 343

UNDERHILL COAL MINING COMPANY, Appellant, v. George Alfred HIXON, Ronald Rishel and Rodney VanVoorhis. (Three Cases) Appeal of Ronald RISHEL and Rodney VanVoorhis.

Superior Court of Pennsylvania.

Filed December 22, 1994.


Attorney(s) appearing for the Case

Carl A. Belin, Jr., Clearfield, for Underhill.

Toni M. Cherry, Dubois, for VanVoorhis.

Vernon D. Roof, Ridgway, for Rishel.

Before BECK, JOHNSON and MONTGOMERY, JJ.


BECK, Judge:

This appeal raises the issue of whether in a trespass and conversion action a good faith defense is available to bona fide purchasers for value who purchased cut timber from a third party who had converted the timber.

The trial court answered this question in the affirmative, and granted summary judgment to the bona fide purchasers for value. We reverse.

The bona fide purchasers for value are Ronald Rishel and Rodney VanVoorhis. Underhill...

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