Welsh v. Bell
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of trespass de bonis asportatis, by Jackson Bell against William Welsh, sheriff of Westmoreland county, for taking and carrying away sixty cords of chestnut oak bark, of the value of $300. In the fall of 1854, Jackson Bell, the plaintiff, agreed to sell 100 cords of tan bark to one John Kestner, at- $4.50 per cord, to be delivered on the bank of the Pennsylvania Canal.
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Error to the Common Pleas of Westmoreland county. This was an action of trespass de bonis asportatis, by Jackson Bell against William Welsh, sheriff of Westmoreland county, for taking and carrying away sixty cords of chestnut oak bark, of the value of $300. In the fall of 1854, Jackson Bell, the plaintiff, agreed to sell 100 cords of tan bark to one John Kestner, at- $4.50 per cord, to be delivered on the bank of the Pennsylvania Canal. Accordingly, the plaintiff hauled about 85 cords of bark to the bank of the canal, where he met Kestner. The bark was measured, when Kestner said he had not…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The sheriff returned that he had levied upon the bark. The return was conclusive against him. It established beyond controversy, that he had seized the property and taken it into his own possession. A sheriff’s levy necessarily disturbs the possession of the owner of the goods levied upon. It is seizure. It cannot be made in Pennsylvania, without having the goods levied upon, in actual manueapture or control: Wood v. Vanarsdale, 3 Rawle 406; Schuylkill County’s Appeal, 6 Casey 358. It vests the possession so fully in the sheriff, that he…
2Cases cited3 opinions
- Wintringham v. LafoyNew York Supreme Court · 1827
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Srodes v. CavenSupreme Court of Pennsylvania · 1834
3Cited by17 opinions
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Shell Petroleum Corp. v. Liberty Gravel & Sand Co.Court of Appeals of Texas · 1939
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Siegel v. Netherlands Co.Superior Court of Pennsylvania · 1915
- Commonwealth v. DeibertSuperior Court of Pennsylvania · 1932
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