Ulrich v. Dreyer
Supreme Court of Pennsylvania
APPEAL from the decree of the common pleas of Lebanon, distributing the proceeds of the sale of the personal property of Dreyer and Breidenbach. Several executions issued against the defendants on the same day, but at different hours of the day ; and upon an order of distribution, the court (Blythe, president) decreed, that the executions should be paid in the order of time in which they came to the sheriff’s hand.
1Opinion of the Court
Per. Curiam.
A case like the present could not occur in England, where the sheriff acts between conflicting execution creditors at his peril, and without the benefit of any other protection or guide than the mandate of his writ; consequently, if he happens to sell on the younger execution, the court, acting on his return as incontrovertible, awards the money to be paid over on it as if the sale were a rightful one, and leaves the disappointed creditor to his remedy by action. The extreme hazard of the sheriff’s position has induced something like relaxation in his favour even there, when…
2Cited by6 opinions
- Bausman v. Eshleman, Pennsylvania Court of Common Pleas, Lancaster County1873
- In re SchweitzerDistrict Court, E.D. Pennsylvania · 1914
- Davis v. Unitel Voice, LLCDistrict Court, D. Nevada · 2019
- Hale's AppealSupreme Court of Pennsylvania · 1863
- Helping Hands Support Services v. Destiny 508District Court, W.D. Washington · 2025
1 more not listed; retrieve them via the Exa API.