Pentz v. Clark
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Olearfield county: Of January Term 1882, No. 375. Trespass de bonis asportatis, by John Clark against Andrew Pentz, Jr., late sheriff of Clearfield county, to recover damages for the sale by him as sheriff of certain personalty as the property of Simon McFarlane, which property Clark claimed as purchaser at a previous sheriff’s sale.
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Error to the Court of Common Pleas of Olearfield county: Of January Term 1882, No. 375. Trespass de bonis asportatis, by John Clark against Andrew Pentz, Jr., late sheriff of Clearfield county, to recover damages for the sale by him as sheriff of certain personalty as the property of Simon McFarlane, which property Clark claimed as purchaser at a previous sheriff’s sale. On the trial, before Mayer, P. J., the following facts appeared: In the spring of 1875 Lloyd & Company obtained judgment against McFarlane upon which they issued execution, and in pursuance of this writ Pentz, then sheriff of…
1Opinion of the CourtJustice Mercur
This action by the defendant in error was to recover damages for the sale of his personal property, as the property of one McFarlane. Some two and a half years prior to this alleged trespass the property had been sold on execution against McFarlane and bought by the defendant in error. The attempt was made by the plaintiff in error, to attack the validity of that sale. If there was any fraud therein, it was a fact to be found by the jury, and not one in law to be declared by the court. It was claimed to have been made by collusion between the defendant in error and McFarlane with a view to…
2Cited by1 opinion
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