Avery v. Street
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. This was an action of trespass by David R. Street against Charles Avery, for taking, carrying away and selling his property. The plaintiff having proved his cause of action as laid in his declaration, the defendant justified the taking, and gave in evidence, that he was the sheriff of the county, and had in his hands an execution at the suit of Ebenezer Sprout v. John Street, for 5 dollars debt and 91 dollars costs.
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ERROR to the common pleas of Susquehanna county. This was an action of trespass by David R. Street against Charles Avery, for taking, carrying away and selling his property. The plaintiff having proved his cause of action as laid in his declaration, the defendant justified the taking, and gave in evidence, that he was the sheriff of the county, and had in his hands an execution at the suit of Ebenezer Sprout v. John Street, for 5 dollars debt and 91 dollars costs. The substance of the evidence was, that John Street, the defendant in the execution, being the owner of a farm, leased the same to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The chattels sold to the lessee prior to, or at the time of the lease, are not involved in the trespass complained of, which was done to the subsequent produce of the farm; and the direction prayed in respect to retention of possession of them, was impertinent to the issue. Had it been unfavourable to the defendant, therefore, it would not have been assignable for error. The true foundation of the defence was the imputed fraudulency of the lease; for if fair, it gave the produce to the lessee, and if destitute of a fraudulent badge, it…
2Cited by6 opinions
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Hugus v. RobinsonSupreme Court of Pennsylvania · 1853
- Reese v. A. TrasoffSuperior Court of Pennsylvania · 1932
- Chase v. RalstonSupreme Court of Pennsylvania · 1858
- Cadbury v. NolenSupreme Court of Pennsylvania · 1847
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