Snyder v. Boring
Superior Court of Pennsylvania
Appeal, No. 27, Feb. T., 1897, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1893, No. 343, on verdict for plaintiff. Trespass. Before Gordon, P. J. The action was brought to recover damages sustained by reason of the seizure and sale of certain personal property claimed to be owned by plaintiff by virtue of a landlord’s warrant issued by S. B. Boring and directed to W. S. Blair, constable.
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Appeal, No. 27, Feb. T., 1897, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1893, No. 343, on verdict for plaintiff. Trespass. Before Gordon, P. J. The action was brought to recover damages sustained by reason of the seizure and sale of certain personal property claimed to be owned by plaintiff by virtue of a landlord’s warrant issued by S. B. Boring and directed to W. S. Blair, constable. On May 8, 1893, the constable made his levy in writing and gave a copy of it to the tenant and told him that unless rent was paid he would proceed to sell according to law. On May 25, the…
1Opinion of the Court
Opinion by
Rice, P. J.,
Before a landlord can lawfully sell goods distrained for rent he must “cause the goods and chattels so distrained to be appraised by two reputable freeholders.” An appraisement by three persons was irregular. Besides that, it affirmatively appears that two of the appraisers were not freeholders, in any sense of the term, and that one of those was a minor. There was, therefore, no such appraisement as the law prescribes as a condition precedent to a lawful sale of the tenant’s goods or of goods of a third person found upon the demised premises. “ As the proceeding is…
2Cases cited7 opinions
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- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
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- Murphy v. ChaseSupreme Court of Pennsylvania · 1883
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3Cited by17 opinions
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- Potts Dept. Store v. Lutz SweigartSuperior Court of Pennsylvania · 1929
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