Heisley v. Economy Tool Manufacturing Co.

Citations

• 33 Pa. Super. 218
• 1907 Pa. Super. LEXIS 271

Syllabus

<p>Replevin — Statement of claim — Act of April 19, 1901, P. L. 88— Affidavit of defense — Bailment.</p> <p>A declaration in replevin under the Act of April 19, 1901, P. L. 88, is sufficient which avers that plaintiff was an assignee of bailment leases for the chattels in question, that default had been made in payment of rent reserved, that the bailee had become bankrupt, and that the chattels in violation of the terms and provisions of the leases had been disposed of and delivered wrongfully to the defendant, and tliat demand for their surrender had been refused by the defendant.</p> <p>Under the Act of April 19, 1901, P. L. 88, it is not necessary for the plaintiff-in replevin to anticipate in his statement of claim the defense which may be set up and traverse it. All that the plaintiff is required to do is set to forth clearly and fully his title with an averment of wrongful dispossession.</p> <p>No title is acquired by one who purchases in good faith from a mere bailee.</p> <p>In Pennsylvania there is no market overt, and a purchaser cannot get title to personal property by buying and paying for it to a person who has no title. ■ •</p>