Legal Opinion

Van Winkle v. Young & King

Supreme Court of Pennsylvania

Decided October 25, 1860PublishedCited by 1 opinion

Error to the Commoa Pleas of Erie county. This was a feigned issue under the Sheriff’s Interpleader Act, to determine the ownership of certain goods which had been taken in execution by the sheriff of Erie county, as the property of James L. M. Young. Abraham Van Winkle, in 1858, recovered a judgment against James L. M. Young, for $ 161.76, on which an execution was issued to May Term, and returned nulla bona.

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Error to the Commoa Pleas of Erie county. This was a feigned issue under the Sheriff’s Interpleader Act, to determine the ownership of certain goods which had been taken in execution by the sheriff of Erie county, as the property of James L. M. Young. Abraham Van Winkle, in 1858, recovered a judgment against James L. M. Young, for $ 161.76, on which an execution was issued to May Term, and returned nulla bona. An alias fi. fa. was then issued, under which the sheriff levied on the presses, type, material, and furniture of “ The Erie Dispatch,” a newspaper then published in Erie city, in the…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, J.

— This is a proceeding under the Sheriff’s Interpleader Act. The sheriff, having in his hands an execution at the suit of Van Winkle against Joseph M. Young, levied it on the contents of a printing office, which he found in possession of the debtor. Mrs. M. J. Young, the wife of the debtor, claimed to own a portion of the goods levied, and Alfred King claimed the residue. The sheriff applied to the court to direct an issue to determine the ownership of said property. The court awarded the issue, directing Mrs. Young and King to be made…

2Cited by1 opinion

  1. Shive v. FinnSupreme Court of Pennsylvania · 1890

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