Manegold v. Quinn

Citations

• 45 Pa. Super. 482
• 1911 Pa. Super. LEXIS 73

Syllabus

<p>Landlord and tenant—Distress for rent—Constable’s sale—Statutory requirements—Appraisement by two reputable freeholders—Notice—Description of goods—Notice to tenant—Notice to owner—Actions—Trespass —Replevin.</p> <p>1. A person claiming personal property by virtue of a constable’s sale under a distress proceeding for rent in arrears, must show affirmatively that all the statutory requirements of such sale have been complied with; such, for instance, that an appraisement has been made by “two reputable freeholders.” lie must also show that a proper description of the property was given in the notice of seizure and sale. A description in the notice that the property seized was a “Meyer” upright piano is fatally defective, where it appears that the piano was in fact an “Opera” upright piano.</p> <p>2. A notice given to the tenant of the seizure and sale of the goods will not be a notice to the owner unless the notice properly describes the goods seized.</p> <p>3. Where the proceedings on a landlord’s warrant of distress are so irregular and illegal that the sale under the warrant does not pass title, the owner of the goods may subsequently sue either in replevin or trespass.</p>