Commonwealth ex rel. Shelly v. Walter

Supreme Court of Pennsylvania

Commonwealth ex rel. Shelly v. Walter

46 A. 91, 195 Pa. 446, 1900 Pa. LEXIS 663

CourtSupreme Court of Pennsylvania

DecidedApril 23, 1900

DocketAppeal, No. 79

StatusPublished

This text of 46 A. 91 (Commonwealth ex rel. Shelly v. Walter) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Shelly v. Walter, 46 A. 91, 195 Pa. 446, 1900 Pa. LEXIS 663 (Pa. 1900).

Pincite

Opinion

Per Curiam

If Shelly was the owner the sheriff rightfully seized and took [449]*449possession of the property at the suit of his judgment creditors. But the interpleader was framed because the Advance Coal Company claimed it. When the issue was ended by the judgment of the interpleader that the property levied was that of the Advance Coal Company, it was entitled to the possession and to that company the sheriff was bound to deliver the property. If as between it and Shelly the latter is entitled to the possession he must sue the Advance Coal Company upon his claim that they wrongfully detain it.

Judgment affirmed.

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Per Curiam

If Shelly was the owner the sheriff rightfully seized and took [449]*449possession of the property at the suit of his judgment creditors. But the interpleader was framed because the Advance Coal Company claimed it. When the issue was ended by the judgment of the interpleader that the property levied was that of the Advance Coal Company, it was entitled to the possession and to that company the sheriff was bound to deliver the property. If as between it and Shelly the latter is entitled to the possession he must sue the Advance Coal Company upon his claim that they wrongfully detain it.

Judgment affirmed.

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Bluebook (online)

46 A. 91, 195 Pa. 446, 1900 Pa. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-shelly-v-walter-pa-1900.