Ward v. Taylor
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an action of trespass; the facts involved in which are so folly set forth in the opinion delivered by Mr. Justice Rogers, that it is unnecessary to make any other or additional statement of them here. The charge of the court below was excepted to by both parties.
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Error to the Common Pleas of Susquehanna county. This was an action of trespass; the facts involved in which are so folly set forth in the opinion delivered by Mr. Justice Rogers, that it is unnecessary to make any other or additional statement of them here. The charge of the court below was excepted to by both parties. In this court the following errors were assigned by the plaintiff in error. 1. The court erred in charging the jury, that a purchaser at constable’s or sheriff’s sale, who has notice that the officer has no right to sell the property, is liable to the owner in trespass. 2.…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This is an action of trespass for breaking and entering the close of the plaintiff, Jones Taylor, and seizing, taking, and carrying away a span of horses, three hogs, and a quantity of wheat.
*239The articles seized were at one time the property of William Taylor, and as such were taken in execution at the suit of Frederick A. Ward. They were appraised, and bonds given for their forthcoming under the law directing the appraisal of goods taken in execution. In July, 1843, a ven. exponas was issued, and the sheriff sold the greater part of the goods…
2Cases cited3 opinions
- Shearick v. HuberSupreme Court of Pennsylvania · 1813
- Shaw v. LevySupreme Court of Pennsylvania · 1827
- Lunt v. BrownSupreme Judicial Court of Maine · 1836
3Cited by8 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Gotshall v. J. Langdon & Co.Superior Court of Pennsylvania · 1901
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Reece v. RodgersSuperior Court of Pennsylvania · 1909
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