Baltimore, Chesapeake & Atlantic Ry. Co. v. H. Klaff & Co.

This appeal presents the single question whether the owner of personal property can maintain a replevin for it after it has been levied on by the Sheriff under an attachment, against a third person, which is still pending. The question arises under the following circumstances.

The appellee, as plaintiff below, instituted the present replevin suit, in the Baltimore City Court, to recover possession of certain chattels which were on board the appellant’s steamer, Pocomoke, at her wharf in Baltimore City. The chattels were taken from the boat by the Sheriff under the replevin and delivered to the…