Paxson's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Philadelphia. This wras an appeal, by Edward M. Paxson, from the decree of the court helow, distributing the fund arising from the sheriff’s sale of the barque St. James, which was sold, under certain executions, as the property of James Devereux.
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Appeal from the District Court of Philadelphia. This wras an appeal, by Edward M. Paxson, from the decree of the court helow, distributing the fund arising from the sheriff’s sale of the barque St. James, which was sold, under certain executions, as the property of James Devereux. The facts of the case, as found by the auditor, were these:— The oldest writ, which was an alias fi. fa. for William Hill v. James Devereux (697, December 1862), was placed in the hands of the sheriff at fifty-five minutes past twelve o’clock P. M., January 21st 1863. The second writ in order of time, an alias fi.…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The question in this appeal is single, and arises upon the sheriff’s returns to the above-named executions. On each the return is levied on personal property subject to prior levies. Those prior levies are on executions in the names, respectively of Hill v. Devereaux, and Hancock v. Same. The 'property was returned sold on all the executions, and the money brought into court for distribution.
The appellant claimed priority of satisfaction of his executions on the ground that the prior levies, referred to in the returns on his writs, were…
2Cases cited2 opinions
- Beale v. CommonwealthSupreme Court of Pennsylvania · 1838
- Fitler v. PattonSupreme Court of Pennsylvania · 1844