Sensinger v. Boyer

Citations

• 153 Pa. 628
• 32 W.N.C. 104
• 26 A. 222
• 1893 Pa. LEXIS 1160

Syllabus

<p>[Marked to be reported.]</p> <p>Estoppel — Trespass—Wrongful levy — Revival—Judgment de terris.</p> <p>If the party who seeks protection by setting up an estoppel has not been misled he is not entitled to the benefit of the doctrine.</p> <p>Defendant was the judgment creditor of Snyder. The judgment was a lien upon a farm sold by Snyder to plaintiff. Before the lien expired the parties came together and revived it by an amicable scire facias signed by plaintiff who was terre-tenant, Snyder, and defendant. Defendant subsequently caused a writ of fieri facias to issue, and the sheriff levied upon all of plaintiff’s property. Plaintiff, in ignorance of the fact that the judgment bound only the land conveyed to him by Snyder, and acting under the belief that the sheriff could lawfully levy upon his goods, claimed the benefit of the exemption laws. Goods to the value of $300 were set apart to him, and the remainder were sold by the sheriff. At the sale, plaintiff, still acting in ignorance of his rights, bid or induced his friends to bid on some articles and became the purchaser of them. Held, that there was nothing in plaintiff’s conduct to estop him from recovering the value of the goods in an action of trespass for the wrongful levy.</p> <p>Measure of damages — Wrongful levy.</p> <p>In the above case, the measure of damages as to such articles as were bought by plaintiff was not their value, but the loss he sustained in buying them.</p>