Securities

Frey versus Leeper

2 U.S. 1312 Dall. 131·Supreme Court of Pennsylvania·1791·PA

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Opinion

Frey versus Leeper. 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. Decided at Cumberland, Nisi Prius, before Shippen and Bradford, Justices, in October, 1791. [MAJORITY — By the Court :] By the Court : —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. Judgment for the Plaintiff.