Petry v. Beauvarlet
Supreme Court of Pennsylvania
I N this case upon the motion of Milnor, a rule was granted upon the sheriff of Bucks county to bring into this court certam costs which he had retained out of the money raised by execution upon the defendant's lands.
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I N this case upon the motion of Milnor, a rule was granted upon the sheriff of Bucks county to bring into this court certam costs which he had retained out of the money raised by execution upon the defendant's lands. Upon the return of the rule it appeared that with the money so raised the sheriff had paid off several j adgments and a mortgage upon the premises sold, which beix~g prior to the judgment in this case were entitled to prior satisfaction; and that he had charged a poundage upon the different sums so paid, which was the money brought into court, instead of confining himself to the…
1Per curiam
The construction of that clause has uniformly allowed to the sheriff a poundage upon the payment of all prior judgments and mortgages. He must therefore take his costs.
2Cited by2 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Wall v. Lloyd's ExecutorsSupreme Court of Pennsylvania · 1815