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· 7/6/1911

Ehrhart v. Esbenshade

Citations

  • 233 Pa. 18
  • 81 A. 814
  • 1911 Pa. LEXIS 458

Syllabus

<p>Landlord and tenant — Distress — Premature appraisement — Trespass — Act of March 21, 1772, 1 Sm. L. 370..</p> <p>1. If an appraisement of goods distrained by a landlord for rent be made before the lapse of five full days after the seizure, and be followed by a sale, the landlord is a trespasser and liable in damages.</p> <p>2. Where the last day for the replevying of goods levied on under a distress for rent falls on Sunday the tenant has all of Monday in which to replevy them and no appraisement can lawfully be made until Tuesday.</p>

Judges: Beown, Elkin, Mesteezat, Moschziskee, Pottee

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