Maybury v. Jones
Supreme Court of Pennsylvania
Judgments were entered in these actions, on the 14th November 1803, as of the September, term preceding. Writs of testatum fieri facias were issued to Montgomery county, tested on the 17th September 1803, (the second return day) returnable on the 31st December following (the last return day of the term) but no writs of fieri facias had been actually issued, and were only marked on the docket.
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Judgments were entered in these actions, on the 14th November 1803, as of the September, term preceding. Writs of testatum fieri facias were issued to Montgomery county, tested on the 17th September 1803, (the second return day) returnable on the 31st December following (the last return day of the term) but no writs of fieri facias had been actually issued, and were only marked on the docket. The testatitm in the first suit was indorsed, real debt 650I. and interest from the judgment, and was levied on 105 acres of land in Douglass township. The like sum was indorsed on the second testatum,…
1Opinion of the Court
By the Court.
The sheriff is bound to sell the defendant’s personal property, before he can proceed to the sale of his lands: but he may be discharged from responsibility in this particular, by the act of the party himself.
It never has been held necessary to notify the defendant of the time and place of taking an inquisition on lands levied on. A contrary practice has uniformly prevailed, and we have never known inconveniences to arise from it.
Nor is the sheriff bound to levy on all the defendant’s lands in his bailiwick : It is true, he cannot cut up and divide particular tracts, but he is…
2Cited by2 opinions
- Bartholomew v. HookCalifornia Supreme Court · 1863
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935