McCrary v. McCully

Citations

• 75 Pa. Super. 464
• 1921 Pa. Super. LEXIS 44

Syllabus

<p>Replevin — Landlord and tenant — Act of April 19, 1901, P. L. 88 (Replevin Act) — Statement of demand — Averment of title.</p> <p>The Act of April 19, 1901, P. L. 88 (Replevin Act) applies to writs of replevin issued by tenants against landlords where goods are distrained for rent.</p> <p>But, from the differences inherent in their natures, some distinctions exist between such actions and ordinary actions in replevin to determine the ownership of a disputed chattel. A landlord cannot give a counterbond and retain possession of the distrained property, because he does not claim adverse possession to or ownership of the goods in suit, but only a lien upon them for his rent, by virtue of his distraint.</p> <p>On the other hand, the plaintiff in such replevin action need only aver his ownership of the goods and their unlawful taking and retaining by the defendant in order to make a prima facie case. He is not required to set forth, at length, the source of his title, for the ownership is not disputed and the lien ordinarily applies, irrespective of the title.</p> <p>In such ease if the plaintiff goes further and alleges facts in the nature of a reply to the position he believed would be assumed by the defendants, they will be regarded as surplusage and judgment should not be entered for the defendants on demurrer to the statement alleging insufficiency in such unnecessary averments.</p>