Baltzell v. Peace

Box, P. J.,

This is a sheriff’s inter-pleader and the facts are agreed upon.

Plaintiff, a landlord, took judgment and issued execution on a lease of real estate because of unpaid rent. Defendant, the tenant, had also defaulted on payments under a bailment lease of a refrigerator, which was on the premises at the time of execution and levy. Claimant in the interpleader owns the refrigerator.

Claimant cites Liquid Carbonic Company v. Truby, 40 Pa. Superior Ct. 634 (1909); Hallett & Davis Piano Company v. Fisher, 83 Pa. Superior Ct. 408 (1924); and National Cash Reg. Co. v. Sorto et al., 106 Pa.…