Zimmer v. Kellenberger

JAMES R. KNOTT, Circuit Judge.

Final judgment: This cause was tried before the court without a jury. Plaintiff alleges that due to the act of the defendant in wrongfully levying execution and selling under a junior writ of execution, the plaintiff, who was the senior and prior incumbrancer, was damaged to the extent of $1,600, the amount of the proceeds of the sale paid by the defendant sheriff to the junior incumbrancer.

A judgment was obtained January 15, 1964, by Anthony Edward Zimmer against Alan E. Zimmer, pursuant to which a writ of execution was delivered to the sheriff on July 30, 1964,…