Lowry v. Letzelter
Superior Court of Pennsylvania
Appeal, No. 167, April T., 1910, by plaintiff, from judgment of C. P. Somerset Co., May Term, 1909, No. 398, on verdict for defendant in case of J. C. Lowry v. M. Letzelter. Sheriff’s interpleader to determine ownership of goods taken in execution.
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Appeal, No. 167, April T., 1910, by plaintiff, from judgment of C. P. Somerset Co., May Term, 1909, No. 398, on verdict for defendant in case of J. C. Lowry v. M. Letzelter. Sheriff’s interpleader to determine ownership of goods taken in execution. Before Kooser, P. J. At the trial the court admitted under objection and exception the appraisement made by the appraisers summoned by the sheriff. [1] The court charged in part as follows: [If you find that it was not a fair" sale, a bona fide sale, you would then return your verdict in favor of the defendant. But if you find the sale itself at…
1Opinion of the Court
Opinion by
Porter, J.,
Letzelter obtained a judgment against one William Parson and under an execution upon that judgment a levy was made upon certain personal property; whereupon, *145Lowry notified the sheriff that he claimed the property. The sheriff, for his own protection, obtained a rule for an interpleader, under the provisions of the Act of May 26, 1897, P. L. 95, and the matter was so proceeded in that an issue was framed in which Lowry, the claimant, was plaintiff and Letzelter, the execution creditor, was defendant, to determine the question of ownership. The property was valued and…
2Cases cited1 opinion
- Mann v. SalsbergSuperior Court of Pennsylvania · 1901
3Cited by3 opinions
- Babis v. New York Extract Co.Superior Court of Pennsylvania · 1935
- Patterson v. BrettSuperior Court of Pennsylvania · 1936
- Barlly v. DanzigSuperior Court of Pennsylvania · 1936