Quinn v. Swartley

Citations

• 240 Pa. 585
• 88 A. 16
• 1913 Pa. LEXIS 719

Syllabus

<p>Landlord and tenant — Distress for rent — Notice to the tenant — • Act of March 21, 1772, 1 Sm. Laws S70 — Time of appraisement of tenant’s goods.</p> <p>1. The notice which the Act of March 21,1772,1 Sm. Laws 370, requires to be given to a tenant in distress proceedings, should be in writing, and should state the date of the levy, for the tenant has five full days from “the distress taken and notice thereof” within which to replevy his goods. If the goods are appraised within five days from the time when the statutory notice of the distress is given, tbe sale which follows will be unlawful. If, however, the tenant receives actual notice of the distress on the day when the distress has been made, the date of the writtén notice will not be material, and he will be required to replevy his goods not later than five full days after such distress.</p> <p>2. Where a constable on July 14, left a notice dated July 15, at the demised premises, which stated that he had on that day dis-trained the goods thereon, the tenant, in the absence of actual notice that the distress had been made on July 14, had five full days from the date of the written notice in which to replevy his goods, and if the goods were appraised on July 20, the sale that followed was illegal. In an action of trespass by the owner of the goods, to recover damages for the unlawful sale thereof, the court, on the defendant’s own showing that the statutory requirements as to notice of the distress had not been met, should have instructed the jury to find for the plaintiff for such damages as it was proved ghe had suffered.</p>