Legal Opinion

Wilson, Sieger & Co's. Appeal

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 3 opinions

Appeal from the decree of the Common Pleas of Perry county. Kfi.fa. was issued in favor of Wilson, Sieger & Co. vs. McGowan and McKeehan, returnable to April term, 1849, No. 1., issued 6th January, 1849, which was returned “January 11th, 1849, levied on the defendant’s personal property, subject to levy on fi. fa., No. 3 January term, 1848, and other levies, to wit: six gray borses, gears and wagon, five bay horses, gears &c., and all the defendant’s personal property not…

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Appeal from the decree of the Common Pleas of Perry county. Kfi.fa. was issued in favor of Wilson, Sieger & Co. vs. McGowan and McKeehan, returnable to April term, 1849, No. 1., issued 6th January, 1849, which was returned “January 11th, 1849, levied on the defendant’s personal property, subject to levy on fi. fa., No. 3 January term, 1848, and other levies, to wit: six gray borses, gears and wagon, five bay horses, gears &c., and all the defendant’s personal property not exempted by law.” Another fi. fa. was issued subsequently, viz : 10th January, 1849, docketed No. 3, April term, 1849, on…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

To arrive at a correct result in the distribution of the proceeds of sale, it is necessary to determine the extent of the levy on the execution of Wilson, Sieger & Co., an execution prior in time to the execution of L. M. Troutman, to whom the money was adjudged. The levy runs thus : January 11, 1849,. levied on the defendant’s personal property, subject to levy on fi.fa., No. 3 January term 1848, and other levies, to wit: six gray horses, gears and wagon, five bay horses, gears and wagon, six mules, gears and wagon, lot of castings and…

2Cases cited2 opinions

  1. M'Clelland v. SlingluffSupreme Court of Pennsylvania · 1844
  2. Shafner v. GilmoreSupreme Court of Pennsylvania · 1842

3Cited by3 opinions

  1. Bloom v. HILTYSuperior Court of Pennsylvania · 1967
  2. Williams Patent Crusher & Pulverizer Co. v. ReilySuperior Court of Pennsylvania · 1935
  3. Miller v. WesterhoffSuperior Court of Pennsylvania · 1900

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