Frey v. Leeper

Decided January 1, 1791

Supreme Court of the United States · decided 1791

THE determination of this cause turned on the following point, which was submitted to the Court, to wit; whether goods, which, after being distrained for rent, had been replevied, and delivered to the plaintiff in replevin, could be taken in execution.

Good law ✅— No negative treatment on recordhow we know

Decided 1791

How this case has been cited

Cited by 28 later decisions (1 by the Supreme Court) — most recently August 1924 · most notably John Lewis v. Sarah Darling (1853), Wright v. Denn Page (1825)

22 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1THE determination of this cause turned on the following point, which was submitted to the Court, to wit; whether goods, which, after being distrained for rent, had been replevied, and delivered to the plaintiff in replevin, could be taken in execution.

¶3By the Court :

¶4—This point has been already determined in Philadelphia. The lien on the goods is discharged by the security given to the sheriff; and as soon as they are delivered back to the plaintiff in replevin, they are open; to execution, or a new distress.

¶5Judgment for the Plaintiff.