Legal Opinion

In re Lynch

District Court, E.D. Pennsylvania

Decided January 26, 1914No. 4622PublishedCited by 1 opinion

In Bankruptcy. In the matter of bankruptcy proceedings of Ken-derton S. Lynch. On certificate of referee presenting for review an order setting aside a landlord’s claim for a lien under a distress levy.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

The bankrupt was a hotel keeper with a going business. When the petition was filed, his personal property was claimed by an execution creditor and by the landlord ; the distraint being several weeks later than the fi. fa. The property was sold, and, on distribution of the fund, the only question raised was the validity of the levy; the landlord attacking it as merely color-able.

[1] Counsel agree that in Pennsylvania a landlord may not distrain upon the tenant’s goods if these are already in the hands of the law. They agree also that a paper levy, made or…

2Cases cited7 opinions

  1. Landis v. EvansSupreme Court of Pennsylvania · 1886
  2. Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
  3. Wadas v. SharpSuperior Court of Pennsylvania · 1905
  4. Earl's AppealSupreme Court of Pennsylvania · 1850
  5. Freeburger's AppealSupreme Court of Pennsylvania · 1861

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re Rayford Truck & Tractor Co.District Court, E.D. Pennsylvania · 1918

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