Campbell v. Ruger
New York Supreme Court
Judgment for the plaintiff; and direction on fi. fa. to levy $309,75. Judgment for the plaintiff, and direction On fi.fa, to levy $98,79. Both judgments were docketed at the same time, viz. Oct. 13th, 1820. The executions were both tested, returnable, and delivered to the Sheriff at the same time.
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Judgment for the plaintiff; and direction on fi. fa. to levy $309,75. Judgment for the plaintiff, and direction On fi.fa, to levy $98,79. Both judgments were docketed at the same time, viz. Oct. 13th, 1820. The executions were both tested, returnable, and delivered to the Sheriff at the same time. They were both levied at the same time on the defendant’s personal property, which was sold under both, August 5, 1822. The' property sold for $263,63. Both plaintiffs attended the sale. Campbell bid off property to' $257,63; and Farquharson to’ The question was upon dividing the sum raised by thé…
1Opinion of the Court
Curia.
“ The money collected is to be applied equally to the discharge of both executions, until the execution in the second cause is satisfied; the residue upon the execution in the first cause.”
Rule accordingly.
2Cited by2 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Geney v. MaynardMichigan Supreme Court · 1880