Taylor's Appeal
Supreme Court of Pennsylvania
Appeal by Joseph Taylor & Sons from the decree of the Court of Common Pleas of Westmoreland county, confirming (after correcting the same) the second report of the auditor appointed to appropriate the money arising from a judicial sale of the real estate of Judah Case, under a writ of alias venditioni exponas, to May term, 1845. The facts of the case, as stated in the reports of the auditor, are in substance as follows:— Taylor & Sons having a judgment against Judah Case, of…
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Appeal by Joseph Taylor & Sons from the decree of the Court of Common Pleas of Westmoreland county, confirming (after correcting the same) the second report of the auditor appointed to appropriate the money arising from a judicial sale of the real estate of Judah Case, under a writ of alias venditioni exponas, to May term, 1845. The facts of the case, as stated in the reports of the auditor, are in substance as follows:— Taylor & Sons having a judgment against Judah Case, of August term, 1843, No. 97, issued a writ of fi. fa. thereon, to February term, 1844, under which a levy was returned on…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
In England, and perhaps here, a judgment creditor may be concluded by the election of a particular execution. He cannot have a capias ad satisfaciendum after an elegit, or regularly a fieri facias after a capias ad satisfaciendum, or even a second execution of the same nature till the first be spent. Still a party who has only sued out an execution, may abandon it before it is executed, and sue out another of a different stamp. But where the debtor’s body has been taken, the creditor’s recourse to the land during the debtor’s life, and…
2Cases cited2 opinions
- Hunt v. BreadingSupreme Court of Pennsylvania · 1824
- Beale's Executors v. Commonwealth ex rel. WorrellSupreme Court of Pennsylvania · 1824