In re Lynch
District Court, E.D. Pennsylvania
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
- Landis v. EvansSupreme Court of Pennsylvania · 1886
- Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
- Wadas v. SharpSuperior Court of Pennsylvania · 1905
- Earl's AppealSupreme Court of Pennsylvania · 1850
- Freeburger's AppealSupreme Court of Pennsylvania · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Rayford Truck & Tractor Co.District Court, E.D. Pennsylvania · 1918