Holfelder v. Schramm

Citations

• 255 Pa. 493
• 100 A. 267
• 1917 Pa. LEXIS 480

Syllabus

<p>Trespass — Personal property — Unlawful sale at sheriff’s sale— Remedies.</p> <p>1. A party claiming that his goods have been unlawfully sold at sheriff’s sale should move to have the sale set aside under the Acts of April' 10, 1849, P. L. 597, and March 10, 1858, P. L. 91; if he fails so to do, he cannot successfully maintain an action of trespass against the party at whose instance the goods were sold.</p> <p>2. A party claiming that his goods were unlawfully sold at a sheriff’s sale in proceedings on a judgment entered against him has no standing'to. bring an action of trespass against the party issuing the execution, who bought the goods at the sheriff’s sale and subsequently sold them at public sale, where it appears that he knew for six weeks prior to the public sale that it was to take place, but took no steps to prevent it.</p> <p>8. Where in such case it appeared that the plaintiff claimed that the judgment was improperly entered against him, but where it further appeared that he had stated that the judgment note upon which the judgment was entered was given that his goods might, be taken in execution if he could not “come up and pay” a certain 'other obligation when it was due, he was estopped by'this admission from alleging that the sheriff’s sale of his goods was unlawful as well as by his failure to proceed under the Acts of April 10, 1849, P. L. 597, and March 10, 1858, P. L. 91, to have the sale set aside, and the trial judge made no error in entering a compulsory'nonsuit.</p>