Burk, Thomas & Co's. Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879, No. 4. Appeal of Burk, Thomas & Co. from a decree of the court confirming the report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the real estate of J. W. Vandyke, in a judgment in favor of B. W. Lane.
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Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879, No. 4. Appeal of Burk, Thomas & Co. from a decree of the court confirming the report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the real estate of J. W. Vandyke, in a judgment in favor of B. W. Lane. The facts are sufficiently stated in the opinion of this court. levy on personal property is not a satisfaction of the judgment pro tanto: Cummins’s Appeal, 9 W. & S. 73; Morrison v. Hoffman, 1 Barr 13; Taylor’s Appeal, Id. 390; Cathcart's Appeal, 1 Harris 416; Campbell’s Appeal, 8…
1Opinion of the CourtJustice Trunkby
James Van Dyke and B. W. Lane held judgments against J. W. Van Dyke, Lane’s being the posterior liens. On the 16th August 1877, James Van Dyke issued execution, by virtue of which the sheriff levied on the defendant’s personal property and advertised it to be sold on the 29th of same month. Burk, Thomas & Co., on the 24th August, obtained judgment against J. W, Van Dyke, *400for $220.21, and issued execution, upon which the defendant’s goods were sold, on the 14th of the following month, for $268.80. The sheriff applied $238.28 in satisfaction of their writ and paid the balance to Lane, on an…
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