Hale's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Bradford county. This was an appeal by Elias W. Hale, from the decree of the the court below distributing the proceeds of the sheriff’s sale of the personal property of Decatur Ayres. There were three executions in the sheriff’s hands against the defendant, two in favour of E. W. Hale and one in favour of Roswell Luther. The writs of Hale wore marked by the sheriff, “Received June 16th 1862, at three o’clock p.
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Appeal from the Common Pleas of Bradford county. This was an appeal by Elias W. Hale, from the decree of the the court below distributing the proceeds of the sheriff’s sale of the personal property of Decatur Ayres. There were three executions in the sheriff’s hands against the defendant, two in favour of E. W. Hale and one in favour of Roswell Luther. The writs of Hale wore marked by the sheriff, “Received June 16th 1862, at three o’clock p. M.” The writ of Mr. Luther was received same day, no hour being mentioned; but the following statement was appended to it by the sheriff:— “ In the case…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
Under the 4th section of the Act of 21st March 1772, a practice prevailed, borrowed, no doubt, from that under the- 16th section of 29 Car. 2, from which the section was almost literally copied, of indicating the precise time of the receipt by the sheriff of executions. Although the clause of the statute, required only the day of the month and year to be indicated, yet it expressly declared, that it should bind the property of the defendant from the time the writ should come into his hands. This necessarily fixed the order of priority of…
2Cases cited2 opinions
- Stewart v. MartinSupreme Court of Pennsylvania · 1834
- Ulrich v. DreyerSupreme Court of Pennsylvania · 1834