Bogert v. Batterton

Citations

• 6 Pa. Super. 468
• 1898 Pa. Super. LEXIS 182

Syllabus

<p>Actions — Illegal distress — Proper remedy is replevin.</p> <p>Replevin is the proper remedy to be used by a person whose goods have been improperly distrained upon by a landlord for rent due by a tenant, and where such person receives notice of the distress and the landlord postpones the sale to give him an opportunity to replevin which he refuses to do, he cannot, after sale, bring trespass against the landlord for the value of the goods, nor replevin against a purchaser of the same at the constable’s sale.</p> <p>Landlord and tenant — Leased sewing machines not exempt from distress.</p> <p>A sewing machine leased to the tenant of a dwelling house is not exempt from distress for rent under the Act of March 4=, 1870, P. L. 35.</p> <p>Landlord and tenant — Property on premises liable to distress — Lxemp'tion not claimable by a stranger.</p> <p>Property of a stranger found upon leased premises is liable to distress for rent in arrears. The claim for exemption is a personal privilege and must be claimed by the person entitled thereto. It cannot be assigned to or claimed by a stranger.</p>