FREY v. LEEPER - 2 U.S. 131 (1791)
U.S. Supreme Court
FREY v. LEEPER, 2 U.S. 131 (1791)
2 U.S. 131 (Dall.)
Supreme Court of Pennsylvania
September Term, 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.
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.
[Footnote *] Decided at Cumberland, Nisi Prius, before Shippen and Bradford, Justices, in October, 1791.[ Frey v. Leeper
Footnote 2 U.S. 131 (1791) ]