National Cash Register Co. v. Allen

Jones, J.,

Writ of replevin to recover a cash register and a return nihil habet as to Allen, defendant, and Philip Herschenfeld, summoned, in whose possession the register was found, and, upon a petition, permitted to retain the property and intervene as a party defendant.

To plaintiff’s declaration, defendant filed an affidavit of defence setting up title to the cash register by virtue of a constable’s sale under a distress proceeding for rent in arrears, averring sale after levy and appraisement and notices posted according to law by virtue of the landlord’s warrant.

Claiming title by virtue…