Hayes v. Gillespie
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was a foreign attachment in debt, by Thomas T. Hayes against William T. Gillespie, to which the sheriff returned that he had levied- the same upon certain lands of the defendant, and summoned John Gillespie, the tenant in possession, as garnishee. Judgment was entered by default, and the lands levied on were seized in execution and condemned.
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Error to the Common Pleas of Susquehanna county. This was a foreign attachment in debt, by Thomas T. Hayes against William T. Gillespie, to which the sheriff returned that he had levied- the same upon certain lands of the defendant, and summoned John Gillespie, the tenant in possession, as garnishee. Judgment was entered by default, and the lands levied on were seized in execution and condemned. And afterwards, the court below, on motion of the defendant, set aside the judgment and all subsequent proceedings, on the ground that there had been no proper service of the attachment; whereupon the…
1Per curiam
In so severe a proceeding as a foreign attachment, we cannot doubt that the prescribed form of serving the writ, in order to attach real estate, must be strictly pursued. The law allows it to be served on a tenant in possession, “ holding under the defendantand we are very clear that where the defendant inherits the land subject to a curtesy estate, the tenant by the-curtesy does not hold under him in any proper sense. The service on him was therefore improper, and was rightly quashed.
Judgment affirmed.
2Cited by4 opinions
- General Maintenance Engineers, Inc. v. Pacific Vegetable Oil Corp.Superior Court of Pennsylvania · 1954
- Buckman v. SomersSuperior Court of Pennsylvania · 1923
- Airston v. Bollinger, Pennsylvania Court of Common Pleas, Alleghany County1925
- Knepp v. Elder, Pennsylvania Court of Common Pleas, Mifflin County1937