Ramsdell v. Seybert

Citations

• 27 Pa. Super. 133
• 1905 Pa. Super. LEXIS 20

Syllabus

<p>Landlord and tenant — Landlord’s warrant — Constable—Distress—Presumption as to legality — Affidavit of defense — Replevin.</p> <p>The presumption in favor of the legality of the proceedings of officers of the law does not'apply in the case of a constable who distrains and sells under a landlord's warrant. In such a proceeding the constable is the agent of the landlord, and not a public officer.</p> <p>In an action of replevin against a constable for the unlawful taking of a piano for rent, an affidavit of defense is insufficient which avers that the piano was seized on a distress warrant and sold at public sale by virtue of such warrant, without further setting forth that the several statutory requirements relating to the sale of chattels on distress for rent had been complied with, and that the public sale was therefore a legal sale.</p> <p>In such a case it is immaterial that the time when the notice was given by the plaintiff to the landlord under the provisions of the Act of May 13, 1876, P. L. 17-1, was not set forth in the statement. Such time becomes important only if there was a compliance by the defendant with the statu-tory provisions relating to the sale.</p>