In re Rayford Truck & Tractor Co.

DICKINSON, District Judge.

The question involved in this controversy is whether under the law of Pennsylvania a levy under a fi. fa. execution can be held indefinitely and be effective to preserve the lien of the execution as against subsequent execution creditors. The referee held that it could not, and applied the corollary principle that *635a lien thus attempted to be asserted will not be recognized in bankruptcy. Under the facts of this case the lien is attempted to be asserted eight months after the levy. Except for the later rulings of the courts of Pennsylvania, which the courts of the…