Stuckert v. Ellis
Pennsylvania Court of Common Pleas, Philadelphia County
THE plaintiff* had judgment on a scire facias, on a mortgage of several properties. He issued a leva d facias, in which only one was described, and that was sold by the sheriff' for less than the amount of the costs. At the instance of the defendant, a rule to show ;f.ause why the levari facias and sale should not be set aside wl^gmnted.
1Opinion of the Court
Per Curiam.—
We make this rule absolute on the ground that the execution was wholly irregular, in this, that it was issued against one of the properties only. Judgment on the scire facias had been entered, which judgment was in effect that the plaintiff should have execution of all the properties in the writ mentioned. An execution which does not follow the judgment is irregular.
We do not determine a question mooted at the bar, how far, or under what circumstances, the plaintiff might have directed the sheriff to sell one of the properties only, had they all been set forth in the writ. The…
2Cited by3 opinions
- Reigel's AppealSupreme Court of Pennsylvania · 1881
- Reigel's AppealSupreme Court of Pennsylvania · 1881
- Reigel's AppealSupreme Court of Pennsylvania · 1881