Duncan's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Common Pleas of Cambria county, confirming tbe report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the personal property of George McCann.
Read the full summary
This was an appeal from the decree of the Common Pleas of Cambria county, confirming tbe report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the personal property of George McCann. The facts are these: A writ of fieri facias was issued out of the Court of Common Pleas of Cambria county, upon a judgment in favour of Francis Christy, endorsee of J. T. Christy, against the defendant, George McCann, to No. 103 September Term 1859, returnable the first Monday (5th day) of September 1859, and placed in the sheriff’s hands on the 25th July 1859. On the 29th of August…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
It is plain that the levy endorsed upon the appellant’s execution on the 29th of August 1859, and also upon the other writs returnable to September Term, was of no avail against subsequent execution-creditors. Whatever may have been its effect as between the sheriff and George McCann, the debtor, it was no levy at all, to create a lien upon the planing machine, as against the appellees. In no sense can it be said to have been a seizure, either actual or constructive. The property was neither in the power nor' in the view of the sheriff. It…
2Cases cited2 opinions
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Westervelt v. PinckneyNew York Supreme Court · 1835
3Cited by5 opinions
- Altenberg v. Frankford Trust Co. (In Re Railroad Dynamics, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Samuel v. Knight & Co.Superior Court of Pennsylvania · 1899
- Simmons v. SimmonsSupreme Court of Pennsylvania · 1986
- Hartman v. HefflefingerSuperior Court of Pennsylvania · 1911
- Commonwealth ex rel. Specter v. RothmanPhiladelphia County Court of Quarter Sessions · 1966