Morrison v. Nipple

Citations

• 39 Pa. Super. 184
• 1909 Pa. Super. LEXIS 460

Syllabus

<p>Trespass — Wrongful sale of goods — Sheriff’s sale — Replevin.</p> <p>1. Where a person is not only the purchaser of goods wrongfully sold at a sheriff’s sale, but has also incited and instigated the sale, and indemnified the sheriff against liability therefor, the owner of the goods may proceed against such purchaser by an action of trespass. He is not restricted to an action of replevin.</p> <p>Sheriff’s sale — Husband and wife — Cost of appraisement — Act of May 26, 1897, P. L. 95.</p> <p>2. Where a married woman’s goods are levied upon in the house in which she lives with her husband, and sold at sheriff’s sale for her husband’s debt, she is not required under the Act of May 26, 1897, P. L. 95, in making a claim for the goods to pay the cost of the appraisement.</p> <p>3. Under the Act of June 8, 1893, P. L. 344, a married woman is entitled to the proceeds of her separate property, and may engage in work outside of the ordinary duties of the family relation and receive compensation therefor. Money earned by her by keeping boarders with the consent of her husband is not liable for the latter’s debt.</p>