Corlies & Co. v. Stanbridge
Supreme Court of Pennsylvania
This was a certiorari to the Common Pleas of Montgomery County. It was an appeal from the decree of the court below, awarding distribution of money made under a sheriff’s sale.
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This was a certiorari to the Common Pleas of Montgomery County. It was an appeal from the decree of the court below, awarding distribution of money made under a sheriff’s sale. The facts of the case were as follows On the 4th of May, 1829, Fletcher and Loud, entered judgment, in the Court of Common Pleas of Montgomery County, against Stanbridge, on a warrant of attorney accompanying a bond in the penal sum of thirty thousand dollars, conditioned for the payment of fifteen thousand dollars, dated February 18, 1829, and payable on demand with interest. On the 11th May, 1829, Corlies £p Company,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
If the plaintiff delivers an execution to the sheriff with direction not to levy at all, or not until further orders, it creates no lien on the defendant’s personal property as against a creditor issuing and proceeding with a subsequent execution. Com. v. Strembeck, 3 Rawle, 344. The rule is the same if there is a levy accompanied with instructions to stay proceedings. Ib. Hickman v. Caldwell, 4 Rawle, 376. In both cases the plaintiff’s object is considered to be to obtain security, not satisfaction for his debt, and the employment of an…
2Cases cited2 opinions
- Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
- Hickman v. CaldwellSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- William Broadhead & Sons v. CornmanSupreme Court of Pennsylvania · 1895
- Koren v. RoemheldAppellate Court of Illinois · 1880
- Allen v. LevyMississippi Supreme Court · 1882
- Dunham v. RundleSuperior Court of Pennsylvania · 1897
- Miller v. GetzSupreme Court of Pennsylvania · 1890
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