Crook v. Williams
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware eounty. This was an action of replevin, brought by William T. Crook, against Benjamin M. Williams, to recover three cows. The defendant pleaded property, — and the plaintiff replied property in himself. The verdict was for the defendant, $75 damages and 6 cents costs, — and judgment accordingly. This case was up before on other grounds; see 5 Harris 199, &c. The plaintiff was the owner of the cows in question.
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Error to the Common Pleas of Delaware eounty. This was an action of replevin, brought by William T. Crook, against Benjamin M. Williams, to recover three cows. The defendant pleaded property, — and the plaintiff replied property in himself. The verdict was for the defendant, $75 damages and 6 cents costs, — and judgment accordingly. This case was up before on other grounds; see 5 Harris 199, &c. The plaintiff was the owner of the cows in question. He resided in the village of Crookville, Delaware county. That village was formerly part of Nether Providence and Chester townships,' and was…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
This was replevin for three cows, which had been levied and sold as the plaintiff’s property, under a warrant for school tax. The defendant was the crier of the constable’s sale, and knocked off the three cows in dispute, to himself. The judge was requested to say, that the sale was illegal and void, and that the plaintiff might treat it as a nullity, and recover in this action. His refusal to do so is the exception here.
A constable can buy property at his own sale no more than any other person charged with the execution of a trust or a…
2Cited by1 opinion
- Farmers Mut. Insurance v. New Holland Turnpike Co.Supreme Court of Pennsylvania · 1888