Batdorff v. Focht & Brother
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Schuyllcill county. This was an appeal by Zacharias Batdorff, from the decree of the court distributing the proceeds of the sheriff’s sale of the personal property of C. A. & Augustus M. Seltzer.
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Appeal from the Common Pleas of Schuyllcill county. This was an appeal by Zacharias Batdorff, from the decree of the court distributing the proceeds of the sheriff’s sale of the personal property of C. A. & Augustus M. Seltzer. The material facts of the case were these: — ■ On the 22d day of June 1861, a testatum, execution issued out of the Common Pleas of Philadelphia, at the suit of D. Focht & Brother v. C. A. & Augustus M. Seltzer; and on the same day was placed in the hands of the sheriff of Schuylkill county. On the 24th day of the same month the sheriff made a levy on the personal…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The plaintiff acquired a lien upon the defendants’ goods by docketing his testatum fieri facias in the Common Pleas of Schuylkill county, and the question is, whether it lost its priority over subsequent executions by reason of the judicial order of 6th July 1861, staying the testatum until the rule to show cause, obtained the day before, should be disposed of. We think it did not. It is a general principle that interlocutory orders shall not impair vested liens. It is usual to accompany such orders with a stipulation that the lien of the…