Hocker v. Stricker, under-sheriff

Hocker v. Stricker, under-sheriff. Replevin. In replevin, the sheriff ough t to allow the defendant a reasonable time to find security, before a removal of the goods; otherwise, it seems, he cannot justify under his writ. [MAJORITY] 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, Strieker, could not, in an action of trespass, justify under the writ of replevin. See Weaver v. Lawrence, ante, p. 156, and the notes to that ease.