Freeman v. Ruston
Supreme Court of Pennsylvania
Venditioni Hxponas. A rule being obtained on the sheriff of Philadelphia county, to bring into court the money levied on this execution ; another rule was also entered, to show cause why Samuel Coates should not receive, out of the money, an equal dividend or proportion with other judgment creditors, whose judgments were entered on the same day, and who had not issued writs of ca. sa.
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Venditioni Hxponas. A rule being obtained on the sheriff of Philadelphia county, to bring into court the money levied on this execution ; another rule was also entered, to show cause why Samuel Coates should not receive, out of the money, an equal dividend or proportion with other judgment creditors, whose judgments were entered on the same day, and who had not issued writs of ca. sa. And thereupon, a case was stated for the opinion of the court, comprising the following facts : “On tbe 21st day of March 1796, Samuel Coates obtained a judgment in the supreme court against Thomas Ruston. A…
1Opinion of the Court
By the Court.
— The case appears so clear to us, that we do not wish another moment for consideration. The law is settled in England, that a ca. scí. operates as a satisfaction of the debt, as an extinguishment of the lien of the judgment. Wo have no other rule prescribed to us in Pennsylvania, nor can we conceive that there would he any policy or justice in dej>arting from it. Ruston was in actual custody upon Coates’s ca. sa., when the land was sold. He had no lien, no claim, to the proceeds of the sale, at that time ; and we can perceive nothing in the fact or the law of the ease, which has…
2Cases cited1 opinion
- Palethorpe v. LesherSupreme Court of Pennsylvania · 1830