Esterly Machine Co. v. Spencer
Citations
- 147 Pa. 466
- 23 A. 774
- 1892 Pa. LEXIS 874
Syllabus
<p>Landlord and tenant — Distress—Replevin act of March 21, 1772.</p> <p>Under the act of March 21, 1772, 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.</p> <p>[Where such a person receives notice of the distress, and the landlord postpones the sale to give him an opportunity to bring replevin, which he refuses to do, he cannot, after the sale, bring trespass against the landlord for the value of the goods.</p>
Judges: Green, McCollum, Paxson, Sterrett, Williams
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