Shearick v. Huber
Supreme Court of Pennsylvania
IN ERROR. nPHIS was an action of replevin brought to September 1806, by Huber the plaintiff below against Shearick, for a quantity of wheat, which had been levied on by virtue of an execution issued at the suit of Peter Sailer against Henry Lutz, and sold by the sheriff to Shearick. Huber claimed under a bill of sale from Lutz prior to the execution; and the wheat had been sold by the sheriff' while growing, and was taken by Huber from the ground, after it was reaped.
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IN ERROR. nPHIS was an action of replevin brought to September 1806, by Huber the plaintiff below against Shearick, for a quantity of wheat, which had been levied on by virtue of an execution issued at the suit of Peter Sailer against Henry Lutz, and sold by the sheriff to Shearick. Huber claimed under a bill of sale from Lutz prior to the execution; and the wheat had been sold by the sheriff' while growing, and was taken by Huber from the ground, after it was reaped. After the action had been depending a considerable time in the Common Pleas of Dauphin county, and put at issue, the defendant…
1Opinion of the Court
Tilghman C. J.
There is no-doubt but replevin is the proper form of action; for although in England this action has been generally confined to cases of goods distrained for rent, yet with us, it.has been used in all cases, where chattels in the possession of one person have been claimed by another. The motion to quash was founded on an act of as*4Sembly passed 3d April 1779. The preamble recites that "writs of replevin had of late been granted for goods “ taken “ in execution, and for fines and penalties legally incurred “ and due to this commonwealth, to the delay of public jus* “ tice, and to…
2Cited by11 opinions
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Jackson Sharp Co. v. HollandSupreme Court of Florida · 1874
- Power v. KindschiWisconsin Supreme Court · 1883
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
- Ward v. TaylorSupreme Court of Pennsylvania · 1845
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