Young v. Couche

Citations

• 52 Pa. Super. 592
• 1913 Pa. Super. LEXIS 293

Syllabus

<p>Estrays—Impounding stray animals — Lien — Replevin — Acts of April IS, 1807, 4 Sm. L. 47%, and April 19,1901, P. L. 88—Conditional verdict.</p> <p>1. Where an action of replevin has been brought to secure possession of a horse which had strayed upon defendant’s inclosed lot, and had been seized by the defendant to secure compensation for the damage it had done, the defendant may show that he had acquired a lawful lien upon the horse, and that the owner could not recover possession of it with the consequent destruction of the defendant’s lien, except upon the conditions contemplated by sec. 6 of the Act of April 19,1901, P. L. 88, which provides that “if any party be found to have only a lien upon said goods and chattels, a conditional verdict may be entered which the court shall enforce in accordance with equitable principles.”</p> <p>2. The defendant under such circumstances is not shut up to the remedy provided by the Act of April 13, 1807, 4 Sm. L. 472, in order to secure his damages.</p>