Lengert Co. v. Building & Loan Ass'n
Citations
- 15 Pa. Super. 380
- 1900 Pa. Super. LEXIS 361
Syllabus
<p>Landlord and tenant — Distress—Requisite seizure.</p> <p>To render a distress complete there must be a seizure of the property distrained upon, but a very slight act is sufficient to constitute a seizure in contemplation of law.</p> <p>Trespass — Illegal distress — Failure to replevy.</p> <p>Where a claimant of property distrained upon fails to exercise this right to sue out a writ of replevin before the sale on the distress, of which he had knowledge as well as time and opportunity to protect himself, he has no standing to hold the landlord liable in damages for trespass.</p>
Judges: Beaver, Lady, Porter, Rice
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