Bricker v. Doyle

Citations

• 64 Pa. Super. 474
• 1916 Pa. Super. LEXIS 319

Syllabus

<p>Sheriff’s interpleader—Bond—Property — Successive executions —Amendment—Withdrawal of property.</p> <p>Where property is levied upon under a fi. fa. and subsequently a second writ of fi. fa. is issued by another execution creditor and lodged in the hands of the sheriff, and a claimant of all the property leviéd upon files a bond under the Act of May 26, 1897, P. L. 95, conditioned “to maintain his title to said goods and chattels or pay the value thereof to the party entitled,” the bond takes the place of the goods and enures to all persons who may have a right in the goods, until it is exhausted. The claimant cannot, therefore, on the trial of an interpleader issue between himself and the first execution creditor be permitted to amend his statement by withdrawing a claim to some of the goods, alleged to have been included in the schedule attached to the bonds, by a mistake or inadvertence.</p>