Pressel v. Bice

Citations

• 142 Pa. 263
• 21 A. 813
• 1891 Pa. LEXIS 733

Syllabus

<p>(a) Dodson, in. payment of a bona-fide indebtedness, transferred to Pressel a portable saw-mill, then sawing timber on Pressel’s farm, where it afterward remained, operated by a son of Dodson to whom it was leased by Pressel. Subsequently, the engine of the mill was levied upon and sold for a debt of Dodson contracted prior to the transfer:</p> <p>1. The fact that the property was actually on the farm of Pressel at the time of its transfer, justified the court in submitting to the jury the question whether, in view of the nature of the transaction, the position of the parties, and the character and intended use of the property, there was a sufiicient change of possession.</p> <p>2. A justice of the peace has jurisdiction of an action of trespass against a constable, to recover damages for the wrongful seizure and sale, as a public officer, of property belonging to another than the execution defendant: Stamer v. hiass, 8 Gr. 240, followed; Seitzinger v. Steinberger, 12 Pa. 879, distinguished.</p> <p>8. Though the judgment of the execution creditor, on which the sale was made, was for the wages of manual labor about the portable saw-mill, earned within six months before the transfer was made, it had no lieu on the property, enforceable against the transferee under the aot of June 18, 1888, P. L. 116.</p>