Atherholt v. Atherholt

Citations

• 7 Pa. Super. 82
• 1898 Pa. Super. LEXIS 240

Syllabus

<p>Practice, G. P. — Execution—Party in interest — Award of issue — Statutes.</p> <p>An attaching creditor having issued its attachment under the Act of May 24, 1887, P. L. 197, prior to a sheriff’s sale, under and by virtue of which a fund for distribution was raised, is a party interested under the Act of June 16, 1836, P. L. 755, and upon application in writing duly fortified by affidavit, as required by the Act of April 20, 1846, P. L. 411, is entitled to an award of issue if the sufficiency of the affidavit is conceded.</p> <p>Practice, G. P. — Attachment act of 1869 — Execution—Award of issue.</p> <p>An affidavit is sufficient to require the award of an issue which sets up an attachment under the act of 1869, issued July 24, 1897, as against the fund realized on confessed judgments dated in 1882 entered July 19, 1897, where the petitioner avers that he is informed, believes and expects to be able to prove that the judgments impeached were not confessed for a bona fide consideration, but were confessed and are being used for the purpose of hindering, delaying or defrauding the other creditors of the said defendant and the petitioner.</p>