Crawford v. McMahon

Citations

• 69 Pa. Super. 19
• 1918 Pa. Super. LEXIS 5

Syllabus

<p>Execution — Levy—Claim for storage by landlord — Act of July 11,1901, P. L. 668.</p> <p>Where the sheriff levies on goods of the defendant in the execution, which are in leased premises, the landlord of the premises is not entitled to claim oyt of the fund for distribution, storage charges from the date of the levy to the date of the sale, if it appears that the landlord had made no contract with the sheriff as to the storage, nor had the sheriff made any request on the landlord to furnish any such accommodation.</p> <p>In such a case where the landlord’s claim has been disallowed on a rule on the sheriff and the claimant, to show cause why the claim should not be disallowed, and no objection is taken at the time to this procedure, it is too late to object on appeal that the procedure was improper inasmuch as the sheriff in the first instance was the party upon whom the duty to make distribution fell.</p>