Rogers v. Schadt

Citations

• 218 Pa. 617
• 67 A. 919
• 1907 Pa. LEXIS 585

Syllabus

<p>Sale — Personal property — Transfer of possession — Fraud—Wrongful levy.</p> <p>In an action of trespass against a sheriff and the plaintiff in an attachment under the Act of March 17, 1869, P. L. 8, it appeared that the plaintiff in the trespass claimed the goods attached, by a bill of sale from his brother who was the defendant in the attachment. There was evidence which tended to show that the plaintiff took title to the goods in good faith, for a valuable and fairly adequate consideration, without collusion with his brother in any attempt to defraud the latter’s creditors, and that he had taken possession of the goods as far as he could under the usages of trade and business. There was evidence that the sheriff after the attachment suffered a constable to sell the goods under another writ, and that the attaching creditor was present at the time and place of sale and participated in it as a bidder. Held, that the evidence was sufficient to submit to the jury on the question of the plaintiff’s title to the property, and also on the question of the attaching creditor’s participation in the trespass committed by the sheriff, and that a verdict and judgment for the plaintiff should be sustained.</p>