Freeburger's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Union county. This was an appeal from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the personal property of Ereeburger & Brother. The case was this: Cameron & Billmeyer held a judgment against Gr. W. Ereeburger for $300, entered July 15th 1859 to May Term 1859, conditioned to be void if Ereeburger would pay at maturity, a note dated July 13th 1859, drawn by Gr.
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Appeal from the Common Pleas of Union county. This was an appeal from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the personal property of Ereeburger & Brother. The case was this: Cameron & Billmeyer held a judgment against Gr. W. Ereeburger for $300, entered July 15th 1859 to May Term 1859, conditioned to be void if Ereeburger would pay at maturity, a note dated July 13th 1859, drawn by Gr. W. Freeburger & Brother, and endorsed by Billmeyer, payable at the Lewisburg Bank sixty days after date thereof. On the 15th of July 1859, they ordered execution,…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The execution of Cameron & Billmeycr was first in the sheriff’s hands, and it would be entitled to the money in court, if it had not lost its priority of lien by the conduct of the plaintiffs. But we think it had. The testimony of John Or osgrove, the sheriff, convinces us that the object sought to be accomplished by it, was not the enforcement of the judgment by levy and sale, but the acquisition of security for the debt. Such an object is not legitimate. It is an attempted perversion of the purpose of an execution, and consequently it…
2Cited by8 opinions
- Minnich v. GardnerSupreme Court of the United States · 1934
- Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
- Wadas v. SharpSuperior Court of Pennsylvania · 1905
- Stroudsburg Bank v. MillerSupreme Court of Pennsylvania · 1889
- In re LynchDistrict Court, E.D. Pennsylvania · 1914
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