Girard Bank v. Philadelphia & Norristown Rail Road
Pennsylvania Court of Common Pleas, Philadelphia County
IN this matter there was a fund in court arising from the sale of personal property by the sheriff, alleged to have belonged to the defendants, under several writs oí fieri facias, under the following circumstances.
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IN this matter there was a fund in court arising from the sale of personal property by the sheriff, alleged to have belonged to the defendants, under several writs oí fieri facias, under the following circumstances. There were three judgments in favour of several plaintiffs against the defendants on which writs of fieri facias issued, and which were delivered to, and levies made thereon, by the sheriff in the following order in point of time: 1st, in which A. & Co. were plaintiffs; 2d, in which B. & P. were plaintiffs; and, 3d, in which the Girard Bank -were plaintiffs. After the levies were…
1Opinion of the Court
Pee Curiam.—
The sheriff sold under all the writs, and the broad question is presented whether the execution creditor who gave the indemnity, by reason of so doing, has any preference over the others who gave no such indemnity. If the sheriff had sold specially under the writ of the Girard Bank, and had refused to execute the other writs on the ground that the plaintiffs named in them had refused to indemnify him, or for any other reason, and had so returned them, the Bank would have been entitled to the money. But even then, the sheriff would have been liable to the plaintiffs who did not…
2Cited by2 opinions
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1858
- Watmough v. FrancisSupreme Court of Pennsylvania · 1847