Keystone Coal Co. v. Williams

Citations

• 216 Pa. 217
• 65 A. 407
• 1907 Pa. LEXIS 783

Syllabus

<p>Ejectment — Judgment—Confession of judgment — Lease—Title to personal property — Habere facias possessionem.</p> <p>Personal property cannot be subjected to lien except by execution. It cannot be seized under a writ of habere facias possessionem and delivered to the plaintiff in the writ.</p> <p>Where a judgment is confessed under an ejectment clause in a lease, and in the confession, reference is made to certain personal property, and subsequently on a return to a writ of habere facias possessionem the sheriff includes such personal property in his return, the defendant in the execution and his trustee in bankruptcy have no standing to have the judgment opened, and the writ set aside as to the personal property. In such a case the confession of judgment and the service of a writ were ineffectual to pass title to the personal property. The defendant’s remedy is by a common-law action, and such remedy is unaffected by anything that the plaintiff may have done in the ejectment proceedings.</p>