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FREY versus LEEPER. Decided at Cumberland, Nisi Prius, before SHIPPEN and BRADFORD, Justices, in October, 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.

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FREY v. LEEPER
(Sep 1, 1791)