Boggs v. Walton
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1909, by Isenberg Milling Company, from decree of C. P. Huntingdon Co., Feb. T., 1907, No. 8, overruling exceptions to auditor’s report in case of W. H. Boggs v. Annie L. Walton and T. R. Walton. Exceptions to report of Howard L. Henderson, Esq., auditor appointed to distribute proceeds of sheriff’s sale.
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Appeal, No. 2, Oct. T., 1909, by Isenberg Milling Company, from decree of C. P. Huntingdon Co., Feb. T., 1907, No. 8, overruling exceptions to auditor’s report in case of W. H. Boggs v. Annie L. Walton and T. R. Walton. Exceptions to report of Howard L. Henderson, Esq., auditor appointed to distribute proceeds of sheriff’s sale. From the record it appeared that W. H. Boggs entered a judgment against Annie L. Walton and Thomas R. Walton on June 5, 1903. On December 7, 1906, he issued a fi. fa. and levied upon the horses, wagons and other articles in a livery stable in which Annie L. Walton…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant seeks to postpone the execution of the appellee to a junior writ in a proceeding to distribute the proceeds of a sheriff’s sale of personal property. To accomplish this result it is necessary that he make it appear that the prior writ was hot used in good faith to enforce the payment of the judgment but was controlled in fraud of the rights of creditors whose writs were subsequently issued. Where the purpose of the execution creditor is to obtain security for his debt instead of satisfaction thereof and the execution is used to that end the object of the…
2Cases cited2 opinions
- Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
- Wadas v. SharpSuperior Court of Pennsylvania · 1905