Tisch v. Utz
Pennsylvania Court of Common Pleas, Luzerne County
No. 52 January Term 1891, Sup. Ct.; court below, No. 782 •October Term 1887, C. P. On September 5, 1887, upon petition of the sheriff of Luzerne county, the court below granted a rule for an interpleader, to try a claim of title made by George Schrank to certain personal chattels levied on by the sheriff, as the property of Fritz Raisch, at the suit of John Utz, George Brown and George Shoemaker respectively.
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No. 52 January Term 1891, Sup. Ct.; court below, No. 782 •October Term 1887, C. P. On September 5, 1887, upon petition of the sheriff of Luzerne county, the court below granted a rule for an interpleader, to try a claim of title made by George Schrank to certain personal chattels levied on by the sheriff, as the property of Fritz Raisch, at the suit of John Utz, George Brown and George Shoemaker respectively. The rule was subsequently made absolute, and a feigned issue was framed between George Schrank, the claimant, as plaintiff, and the execution creditors, Utz, Brown and Shoemaker, as…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This was a feigned issue, under the sheriff’s interpleader act. The appellant claimed title under a sheriff’s sale. It appears that the appellant’s testator, George Schrank, held a judgment against one Fritz Raisch, upon which he issued an execution, levied upon the personal property of Raisch, and at the sale thereof became the purchaser. This gave him a good title to the property, in the absence of fraud.
It is proper to mention that, some time before Schrank issued his execution, he had taken a bill of sale from Raisch, for the same property levied upon, and…
2Cases cited1 opinion
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