Wilson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Juniata county: Of May Term 1879, No. 15. Appeal of H. • Latimer Wilson, executor of. William Curran, deceased, from the decree of the court, making distribution of the proceeds of a sheriff’s sale of the real estate of Joseph Adams. William Adams, the father of Joseph Adams, died on the 29th of September 1877, intestate, seised of certain real estate.
Read the full summary
Appeal from the Court of Common Pleas of Juniata county: Of May Term 1879, No. 15. Appeal of H. • Latimer Wilson, executor of. William Curran, deceased, from the decree of the court, making distribution of the proceeds of a sheriff’s sale of the real estate of Joseph Adams. William Adams, the father of Joseph Adams, died on the 29th of September 1877, intestate, seised of certain real estate. On the same day the appellant entered a judgment, on warrant of attorney, in the Common Pleas of said county, against the said Joseph Adams, for $959.61. This was the first lien on the real estate which…
1Opinion of the CourtJustice Paxson
At common law a writ of fieri facias bound the personal property of the defendant from the teste of th^writ. The Act of 16th June 1836, Pamph. L. 768, provides that “no writ of fieri facias, or other writ of execution, shall bind the property or the goods of the person against whom such writ of execution is sued forth, but. from the time- such writ shall be delivered to the sheriff, under-sheriff, or coroner to be executed.” The 40th section of said act requires the sheriff to endorse on a fi. fa. the day of the month, the year and the hour of the day when any such writ shall come into his…
2Cases cited3 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Shafner v. GilmoreSupreme Court of Pennsylvania · 1842
- Duncan v. M'CumberSupreme Court of Pennsylvania · 1840