Pierce v. Scott
Supreme Court of Pennsylvania
ERROR to the District Court of Erie county. Andrew Scott against Palmer Pierce. This was an action on the case in which the facts appeared to bethat Andrew Scott being the sheriff of the county of Erie, and having in his hands a writ of foreign attachment against William L. Hall, by virtue of it, attached a field of 5 acres of wheat, which the defendant after-wards took and carried away.
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ERROR to the District Court of Erie county. Andrew Scott against Palmer Pierce. This was an action on the case in which the facts appeared to bethat Andrew Scott being the sheriff of the county of Erie, and having in his hands a writ of foreign attachment against William L. Hall, by virtue of it, attached a field of 5 acres of wheat, which the defendant after-wards took and carried away. The defendant proved that William L. Hall was a tenant of the land on which the wheat was growing, and held the premises at an annual rent of $100; that by virtue of a landlord’s warrant he entered upon the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— It is a rule, without an exception, that a landlord cannot distrain goods which are in the custody of the law, though for the rent of - a single year, he is protected by statute. In England it is enacted by the 8th Anne, c. 14, that goods on leased premises shall not be taken in execution unless the creditor pay the landlord the arrears of rent before they are removed, not exceeding in the whole the rent of a single year due at the time of the levy; and our statute is nearly the same, the principal difference being that with us the…
2Cited by11 opinions
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- Reece v. RodgersSuperior Court of Pennsylvania · 1909
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