KIBBE v. ROHDE


285 Pa.Super. 379 (1981)

427 A.2d 1163

John V. KIBBE and Virginia Kibbe, his wife, v. Herb ROHDE, David Heath and Patz Company, Appellants, v. Thomas KELLEY and Kathleen Kelley, his wife.

Superior Court of Pennsylvania.

Filed January 30, 1981.

Reargument Denied April 20, 1981.

Petition for Allowance of Appeal Denied June 25, 1981.


Attorney(s) appearing for the Case

David E. Holland, Erie, for appellants.

John R. Wingerter, Erie, for appellees.

Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.


VAN der VOORT, Judge:

This is an action in trespass which involves the conflicting rights of the holder of an unperfected lien on a piece of farm equipment and a subsequent purchaser for value. The lien holder has trespassed on the farm of the purchaser without his knowledge or consent for the purpose of recovering possession of the equipment. The purchaser has sued in trespass to recover the value of the equipment which was taken from his farm and for exemplary damages...

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