Reichenbach v. McKean
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 258. Replevin by William McKean against John Reich enbach, to recover or enable plaintiff to retain possession of two mules. It appeared that John D. Negley owed McKean $215, and to secure him against loss, put into his possession the mules in question.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 258. Replevin by William McKean against John Reich enbach, to recover or enable plaintiff to retain possession of two mules. It appeared that John D. Negley owed McKean $215, and to secure him against loss, put into his possession the mules in question. Subsequently, a creditor of Negley obtained judgment against him, and issued execution and levied upon the mules then running in the fields of McKean. Before they were sold a notice was given by McKean and read to the bidders by the deputy…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The sheriff sells only the title of the defendant in the execution, and the real owner, besides trespass against the sheriff, may maintain replevin or trover against his vendee. In the case of a pawn or pledge, there is a special property in the pawnee. It is liable to be sold on an execution against the pawnor but subject to all and singular the rights and interests of the pawnee: Act of June 16th 1836, Pamph. L. 1836. The taking of the property out of the possession of the pawnee was a wrongful act which could not divest his property. His parting…
3Cited by5 opinions
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