Hazlett v. Mangel

Citations

• 9 Pa. Super. 139
• 1898 Pa. Super. LEXIS 133

Syllabus

<p>Landlord and tenant — Bailiff's liability for illegal sale.</p> <p>The right to sell property seized under a distraint for rent is given by statute and its exercise must be in strict conformity with statutory provisions. A sale of chattels under a landlord’s warrant, without an appraisement, as required by the act of March 21, 1772, is unauthorized and void, and the person malting such sale is a trespasser ab initio. It is immaterial whether the property belongs to the tenant or a stranger so far as the liabilitj' for a tortious sale is concerned.</p>