Boggs v. Walton

Citations

• 42 Pa. Super. 214
• 1910 Pa. Super. LEXIS 317

Syllabus

<p>Execution — Distribution—Priority—Fraud—Agreement between sheriff and plaintiff.</p> <p>1. Where the plaintiff in a junior execution seeks to postpone a senior writ in the distribution of the proceeds of a sheriff’s sale of personal property, he must show that the prior writ was not used in good faith to enforce the payment of the judgment, but was controlled in fraud of the rights of creditors whose writs were subsequently issued.</p> <p>2. Where the plaintiff and defendant agree that property levied .upon, and as to which execution has been stayed pending an appeal, shall be sold by the sheriff and the proceeds held by him until the appeal is determined, and the owner of a junior writ assents to the arrangement with a reservation of a right to raise the question whether the agreement was not an abandonment of the levy, the court will not on distribution find that the agreement was in any way a fraud on the rights of the junior execution creditor, or that it gave such creditor any priority over the senior writ.</p>