Lettieri v. Mamaroneck Sand & Gravel Co.

Opinion by

Rhodes, J.,

This is a sheriff’s interpleader under the Act of June 22, 1931, P. L. 883 (12 PS §2358 et seq.). The personal property levied upon consisted of a road roller. At the time of levy it was in the possession of A. DiSandro & Son, Inc., which was renting the roller, and admittedly had no title thereto. The claimant, Joseph Lettieri, gave bond and received possession of the roller. With the claimant as plaintiff and the execution creditor as defendant, the issue was tried before Leach, J., without a jury, who found for the defendant. The plaintiff appealed.

Section 10 of the…