Hower v. Wallis

Decided February 20, 1884

Supreme Court of Pennsylvania · decided 1884-02-20

124. This was an action of replevin by A. D. Hower against S. P. Wallis, L. G. Huling and Ida M. Huling, his wife, John Adam Swartz, and Peter Reeder, for “one-half of all the sawed lumber and logs sold by the sheriff, April 29, 1881, on an alias fi. fa. Ho. 14, May term, 1881, on writ of J. Ulrich, for use, &c., v. L. G. Huling, of the value of $100.” Plea, non cepit and property.

Decided 1884-02-20

¶1The opinion of the court was filed March 3, 1884.

Per Curiam: —

¶2The order under which, the property in question was sold, superseded the previous order. The sheriff gave notice to the bidders that he was selling only the right, title and interest of the defendant in the execution, in the property, and that he could not deliver possession thereof to the purchaser. The plaintiff bought with full knowledge of the limited interest sold, and that the sheriff would not-*400deliver possession of the property to him. In view of the manner the sale was made, the true owners were not precluded from asserting their title to the property. We see no error in the record.

¶3Judgment affirmed.