Dunham v. Rundle

Citations

• 4 Pa. Super. 174
• 1897 Pa. Super. LEXIS 104

Syllabus

<p>Execution — Legitimate purpose is satisfaction of debt.</p> <p>The purpose of an execution is to obtain satisfaction not security of a debt, and the employment of an execution for any other purpose than satisfaction is a perversion of its design, and a fraud against third persons.</p> <p>Execution — Postponement on ground of fraud.</p> <p>The ground on which an execution may be postponed to a subsequent levy is that the prior one is not used in good faith for its legal purpose but in fraud of the right of others.</p> <p>An agreement by a senior execution creditor which permits the possession and control of the property to remain with defendant after levy as before, so that private sales were made in contravention of law is a fraud in law, and will postpone such execution to the junior execution of a more vigilant creditor.</p>