Lynch v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. This was an action of debt on the official recognizance of D. P. Lynch, former sheriff of Fayette county.
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ERROR to the common pleas of Fayette county. This was an action of debt on the official recognizance of D. P. Lynch, former sheriff of Fayette county. Springer’s executors obtained a judgment against N. Mitchell, on which an alias fieri facias was issued, returnable to January term 1823, No. 222, by virtue, of which the sheriff, D. P. Lynch, levied on sundry articles of personal property of the defendant, subject to a prior fieri facias, No. 153 of the same term, in favour of William Barton. William Barton issued a venditioni exponas to June term 1823, in obedience to which the sheriff sold…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The English practice in relation to sales by the sheriff of goods levied on by fieri facias, differs from ours, and the same rules are not always applicable. In England, it is said, the sheriff is not obliged to sell by auction, and if he do, the expense of the auctioneer, and of the inventory will fall upon himself. Buller, J. 2 T. R. 157, cited Wats. Sheriff 188. And if sold by auction much below their reaL value, the sheriff is liable to an action. 3 Campb. 520. The duty of the sheriff is to sell at private sale, and it seems, if this be…
2Cited by1 opinion
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