Blair Motor Car Co. v. Mervine

Wright, P. J.,

This is an inter-pleader proceeding. The fund in dispute represents the proceeds of a sheriff’s sale of personal property, to recover which the sheriff instituted suit against a defaulting bidder. At the pretrial conference it was agreed that no facts were in dispute and that the legal questions involved should be disposed of by the court upon the pleadings.

Plaintiff, Commercial Credit Corporation, claims the fund by virtue of a writ of attachment execution. It is clear that such proceeding cannot be sustained. Money levied by the sheriff upon a fieri facias, and either actually…