Livingood's Appeal
Supreme Court of Pennsylvania
Certiorari sur appeal from a decree of the Common Pleas of Berks County distributing the proceeds of a sheriff’s sale of personal property. Prank S. Livingood rented to Z. P. Gresh a farm and certain limekilns and stone quarries in Berks county. While Gresh was engaged in farming and lime-burning upon said premises, he gave to William P. Hartranft a promissory note with warrant of attorney, etc.
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Certiorari sur appeal from a decree of the Common Pleas of Berks County distributing the proceeds of a sheriff’s sale of personal property. Prank S. Livingood rented to Z. P. Gresh a farm and certain limekilns and stone quarries in Berks county. While Gresh was engaged in farming and lime-burning upon said premises, he gave to William P. Hartranft a promissory note with warrant of attorney, etc. Judgment was entered upon this note, execution issued, and the goods and chattels of Gresh levied upon and sold. Claims against Gresh were presented to the sheriff for payment out of the amount so…
1Opinion of the Court
Opinion by
Mr. Justice Green:
All of the labor claims allowed by the commissioner and court below were fatally defective. As made out and sent to the sheriff they were mere bills by the claimants against the defendant in the execution. They were not signed by the claimants, or by anyone else. They were not addressed to the sheriff, or to any other person. They contained no reference to the property levied upon, nor did they set forth any claim of lien thereon.
We held in Allison v. Johnson, 92 Pa. 314, that the notice “should set forth such facts as make a case within the act; so that the…
2Cases cited2 opinions
- Pardee's AppealSupreme Court of Pennsylvania · 1882
- Allison v. JohnsonSupreme Court of Pennsylvania · 1880
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