Rickard v. Major

Citations

• 34 Pa. Super. 107
• 1907 Pa. Super. LEXIS 89

Syllabus

<p>Replevin — Pledge of goods — Statement of claim — Affidavit of defense— Sheriff’s return — Contradiction of sheriff’s return — Act of April 19, 1901, P. L. 88.</p> <p>A statement of claim in replevin shows a prima facie case, which sets forth that the defendant was indebted to the plaintiff, and as collateral for the debt assigned to the plaintiff certain chattels, the possession of which he was allowed to retain until the debt was paid, that the debt had never been paid, and the chattels never delivered to the plaintiff. Such a statement of claim is not overcome by an affidavit of defense averring that there had never been a delivery to the plaintiff either actually or constructively, of the property pledged and replevied. In such a case where the defendant retains possession under a claim property bond, he will not be heard to say that the chattels replevied were not the chattels pledged.</p> <p>In an action of replevin the defendant cannot in his affidavit of defense contradict the sheriff’s return. If there was a wrongful return the remedy is by an action against the sheriff.</p>