Powel v. Kahler

Opinion by

Keller, J.,

The plaintiff, Powel, brought his action of replevin in Northumberland County to recover possession of a motor truck leased by him to the defendant, Kahler. Hoover intervened as a party defendant, claiming title under Kahler by virtue of a constable’s sale against the latter. Plaintiff appeals from the refusal of the court below to enter judgment in his favor for want of a sufficient affidavit of defense, under the provisions of the Act of April 19, 1901, P'. L. 88.

From the pleadings in the case it appears that the motor truck in question was delivered by the plaintiff to…