Walters v. Pratt
Supreme Court of Pennsylvania
Appeal from the decision of the District Court for the city and county oi Philadelphia, under the act of the 16th of April, 1827, “relative to the distribution of money arising from sheriffs’ and coroners’ sales,” &c.
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Appeal from the decision of the District Court for the city and county oi Philadelphia, under the act of the 16th of April, 1827, “relative to the distribution of money arising from sheriffs’ and coroners’ sales,” &c. The case was this:— On tbe23d of Oeiober,1826,a judgment in favour of Peter B.Wal- ' ters against James D. Pratt, was entered upon bond with warrant of attorney annexed, both dated August 1st, 1826, in the sum of seven thousand dollars, conditioned for the payment of three thousand five hundred dollars; and on the same day on which the judg-^ mént was entered, a Fieri Facias was…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
— In England, when the sherifflevies on the good® and chattels oí A., and B. alleges tbosegoods and chattels belong to him, and not to A., tbe sheriff decides the ownership, to a certain extent, by an inquest. This has never been practised in this country, and was not attempted in this case. A legislative provision on this subject might be of general benefit to creditors, debtors, purchasers, and to the person claiming the goods.
It -has been attempted to stay proceedings until the right to goods levied on was ascertained, but tbe courts have…
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