Feinstein v. Welischedk

Citations

• 59 Pa. Super. 324
• 1915 Pa. Super. LEXIS 73

Syllabus

<p>Execution — Sheriff’s interpleader — Claimant’s bond — Notice and schedule.</p> <p>1. Where a claimant of goods levied upon by the sheriff files a bond equal to the value of all of the goods levied upon, but in his notice and statement of claim limits his claim to certain of the goods, and the sheriff is not directed by tho execution creditor to sell the goods not claimed, the latter cannot at the trial of an interpleader claim a money verdict for the value of the goods not claimed, merely because the bond covered all of the goods'levied upon. In such a case the limit of the demand is controlled by the notice to the sheriff and the statement filed.</p> <p>2. Whore goods leased under bailment are levied upon together with other goods of the defendant in the execution, and the lessor serves a notice on the sheriff of the goods claimed by him and enumerates such goods in his statement of claim, and there is subsequently a trial on the sheriff’s interpleader, the judge at such trial cannot be convicted of error in rejecting the sheriff’s appraisement as evidence of the value of goods not claimed, where an inspection of the appraisement shows a lumping valuation of all of the articles levied upon irrespective of their ownership.</p>