Kile v. Giebner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October Term,' 1886, No. 113. This was an action of trespass vi et armis de bonis asportatis, brought bjr Dr. E. X. Giebner against William Kile, high sheriff of Mercer county, for levying on and selling, as he alleged, a saw mill of his by virtue of a fi. fa., issued against one W. E. McDonald.
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Error to the Court of Common Pleas of Mercer county: Of October Term,' 1886, No. 113. This was an action of trespass vi et armis de bonis asportatis, brought bjr Dr. E. X. Giebner against William Kile, high sheriff of Mercer county, for levying on and selling, as he alleged, a saw mill of his by virtue of a fi. fa., issued against one W. E. McDonald. The following are the facts of the case as they appeared on the trial before Mehard, P. J. Some time prior to 1881, Brown & Foster, who were the owners of the fee of two certain lots of ground in the borough of Sandy Lake, Mercer county, leased…
1Opinion of the CourtJustice Clark
This action of trespass was brought by Dr. E. X. Geibner against William Kile, sheriff of Mercer county, to recover .damages for seizing and selling, on 4th March, 1882, a certain saw mill, with engine, boiler, etc., upon a writ of fieri facias against one W. E. McDonald. The saw mill was situate upon certain leasehold property owned by McDonald ; it was a stationary steam saw mill, permanently attached to the leasehold in the usual manner, and was in the use and occupancy of McDonald, in connection with the leasehold, in the manufacture of lumber, at the time of the levy. Dr. Giebner claims…
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