Holland v. Townsend
Pennsylvania Court of Common Pleas, Philadelphia County
No. 159 January Term 1890, Sup. Ct.; court below, No. 956 June Term 1887, C. P. No. 3. On September 3, 1887, Dennis J. Holland brought trespass against Richard H. Townsend and Mary S. Townsend, his wife, trustees, to recover damages for an alleged illegal distress and sale of goods of the plaintiff, and for an alleged eviction of the plaintiff from premises demised to him by the defendants. Issue.
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No. 159 January Term 1890, Sup. Ct.; court below, No. 956 June Term 1887, C. P. No. 3. On September 3, 1887, Dennis J. Holland brought trespass against Richard H. Townsend and Mary S. Townsend, his wife, trustees, to recover damages for an alleged illegal distress and sale of goods of the plaintiff, and for an alleged eviction of the plaintiff from premises demised to him by the defendants. Issue. By agreement of the parties, the cause was submitted to the decision of Mr. George Peirce, as referee under the act of May 14, 1874, P. L. 166, who subsequently filed a report making the following…
1Opinion of the Court
Opinion,
Mr. Justice Green:
We are unable to agree with the learned referee in his conclusion that the postponement of the sale of the plaintiff’s goods from the 24th to the 31st of August constituted the defendants trespassers ab initio. The language of the act of 1772, § 1, 1 Sm. L. 370, directing the sale of the distress, is as follows: “ And after such appraisement, shall or may, after six days’ public notice, lawfully sell the goods and chattels so distrained for the best price that can be gotten for the same,” etc. The referee held that the landlord had no discretion to sell after the *403expi…
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