Pennsylvania Superior Court Reports Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...which belonged to the concern and which wa' ordinarily used in its operations, or which was there at tlm time evidently and obviously the property of the corporation, and that, whether it was descrilwd in detail in the list which the sheriff or the deputy sheriff made up, or not. 2 The deputy says he made out such a list, and, as I remember his testimony, he said he put somebody there in charge of the prop-3rty. It is undoubtedly the duty of the sheriff, after he makes 1 levy, to follow it up in a reasonable time and make out a letailed list of the property which he levies on, but if he hap-1899. Charge of Conn. pens to omit an item or two, it does not follow that the levy did not cover it. The question is whether he substantially describes and takes into his possession and controls the articles which are subject to the levy. He says he made a sale, and at that sale Mr. Hitner says, acting for Mr. Samuel, he bought the property. There may have been a few articles bought by some other parties, but the bulk of the purchases were made by Mr. Hitner. Mr. Hitner says he was acting for Mr. Samuel. The question is, in the first place, whether this lot of old iron was levied on and sold. That is the first question which was presented to you and argued by counsel. If this old iron was lying there on an adjacent lot, placed there for the convenience of the company, was there at the time when the levy was made, I do not think you would be doing violence to any principle of law or to any fact which appears in the case, if you regard the levy as having been made upon that lot of iron. It seems so to me. I should so regard it if I were in your place. 3 Then the question comes up as to whether it was sold. If it was not sold, if it cannot be fairly said to have...