Freeman v. Apple
Supreme Court of Pennsylvania
Error to tho Court of Common Pleas of Orawford county: Of October and November Term 1881, No. 158. Trespass, by J. J. Freeman and Pamelia Freeman, liis wife, in right of said, wife, against Andrew G. Apple, sheriff, and L. II. Long, deputy sheriff, for taking into execution and selling certain household goods, the property of said Pamelia, under a writ of li. fa, issued upon a judgment obtained against said J. J. Freeman, her husband.
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Error to tho Court of Common Pleas of Orawford county: Of October and November Term 1881, No. 158. Trespass, by J. J. Freeman and Pamelia Freeman, liis wife, in right of said, wife, against Andrew G. Apple, sheriff, and L. II. Long, deputy sheriff, for taking into execution and selling certain household goods, the property of said Pamelia, under a writ of li. fa, issued upon a judgment obtained against said J. J. Freeman, her husband. On the trial, before Church, P. J., the following facts appeared: — In November 1878 F. W. Mitchell & Co. obtained a judgment against J. J. Freeman. A writ of…
1Opinion of the CourtJustice Steebett
In taking the case from the jury, and directing a verdict for the defendants, the court below virtually ruled that the sheriff was not liable in trespass for advertising and selling the separate personal property of the beneficial plaintiff on an execution against her husband, after being duly notified, in writing, of her title thereto. It is contended there was error in this.
The uneontradicted testimony is, that the property which was the subject of the alleged trespass, was given to Mrs. Freeman by her parents, shortly after her marriage in 1870, and continued to be her separate property…
2Cited by2 opinions
- Mansfield v. BellSuperior Court of Pennsylvania · 1904
- Richards v. MillerSuperior Court of Pennsylvania · 1899