Meyers v. Prentzell
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius.* This was a feigned issue framed under the Sheriffs’ Interpleader Act of the 10th April 1848, between William L. Meyers, the claimant, and Samuel D. Prentzell and Charles Prentzell, trading as S. D. & C. Prentzell, the execution-creditors, to try whether certain goods levied on by the sheriff, under an execution against Maxwell & Cumming, were or were not the property of the said claimant.
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Certificate from the Court of Nisi Prius.* This was a feigned issue framed under the Sheriffs’ Interpleader Act of the 10th April 1848, between William L. Meyers, the claimant, and Samuel D. Prentzell and Charles Prentzell, trading as S. D. & C. Prentzell, the execution-creditors, to try whether certain goods levied on by the sheriff, under an execution against Maxwell & Cumming, were or were not the property of the said claimant. On the 1st January 1855, John Bancroft and John Boustead leased to James Maxwell, one of the defendants in the execution, “ a building, with steam engine, in Eighth…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
When the execution was levied upon the articles, as the property of Maxwell & Cumming, the plaintiff Meyers claimed them as his. The claim was not a restricted one; not a claim to the possession merely, or to the right of possession for a limited time, but it asserted absolute and exclusive proprietorship. To support such a claim he became the actor, and upon its basis, the issue was formed, and the parties went to trial. Before the jury, the plaintiff, instead of proving that the property in the articles levied upon was in him, disproved it.…
2Cases cited1 opinion
- Srodes v. CavenSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Knowles v. JacobsSuperior Court of Pennsylvania · 1897
- First National Bank of Chicago v. W. J. Hartzell Co.Superior Court of Pennsylvania · 1913
- Leach v. AlexanderSuperior Court of Pennsylvania · 1900