Common Pleas, Philadelphia County:
September Term, 1787.
It was ruled in this case, that before the goods are removed, the Sheriff ought to allow a reasonable time, for the Defendant in Replevin to find security on a claim of property; which, in the practice of Pennsylvania, supplies the place of a writ de proprietate probanda: And Shippen, President, said, that if the Jury were of opinion that a reasonable time had been refused, the Defendant, Stricker, could not, in an action of trespass, justify under the writ of Replevin.
Citation: Hocker v. Stricker, 1 Dall. 225, 1 U.S. 225 (C.P. Phila. Cty. 1787).
Last modified: December 5, 2014