Wise v. Vosburg
Superior Court of Pennsylvania
Appeal, No. 24, Feb. T., 1897, by R. V. Spackman, from decree of C. P. Clearfield Co., Feb. T., 1895, Nos. 161 and 162, distributing money arising from sheriff’s sale. ■ Exceptions to auditor’s report distributing a fund arising from sheriff’s sale.
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Appeal, No. 24, Feb. T., 1897, by R. V. Spackman, from decree of C. P. Clearfield Co., Feb. T., 1895, Nos. 161 and 162, distributing money arising from sheriff’s sale. ■ Exceptions to auditor’s report distributing a fund arising from sheriff’s sale. Before Gordon, P. J. The following facts are found by the auditor : 1. That judgment was entered upon single bill in favor of R. V. Spackman versus E. Fred Vosburg on the 2d day of January, 1895, in the sum of $2,000, and that a writ of fieri facias in the ordinary common form was issued to No. 55, February term, 1895, and lodged with the sheriff,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellee issued a fi. fa. in the ordinary form, and, on December 28, 1894, by direction of his attorney, the sheriff levied upon the defendant’s partnership interest in a drug store. On January 2, 1895, the appellant issued a fi. fa. in the special form prescribed by the Act of April 8, 1873, P. L. 65, upon which the sheriff indorsed the levy made on the prior writ as follows: “Now December 28, 1894, levy made and same is indorsed on this writ, see schedule attached to fi. fa. No. 41, February term, 1895,” (the appellee’s writ). This brief summary of the facts, which…
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