Gillespie v. Keating

Citations

• 180 Pa. 150
• 36 A. 641

Syllabus

<p>Assignment for creditors — Execution—Sheriff.</p> <p>There can be no valid, levy made on a writ of execution issued after the defendant in the execution has made an assignment for the benefit of creditors: Missimer v. Ebersole, 87 Pa. 109.</p> <p>Execution — Delay by sheriff — Loss of liens.</p> <p>An execution creditor who places his writ in the hands of the sheriff ■ with instructions to make the money upon it, and who does not countermand or modify his instructions, or in any way interfere with the execution of the writ, does not lose his lien by the delay of the sheriff in making the sale.</p> <p>Execution — Assignment for the benefit of creditors.</p> <p>Two executions were placed in the hands of the sheriff with directions to make the money upon them. The directions were subsequently repeated, but the sheriff delayed making the sale. In the mean time an attachment execution was issued against the debtor, who shortly afterwards made an assignment for the benefit of creditors. After the assignment judgment was entered in the attachment execution and a fi. fa. was issued on the judgment. The sheriff subsequently sold the property of the debtor. Held, (1) that the liens of the levies on the first -writs were not lost as against the defendant at whose instance the sale was postponed; (2) that as the third execution creditor did not dispute the validity of the assignment, he obtained by his levy no priority over general creditors and no standing to contest the prior levy; (8) that as no general creditors are claiming the fund on the ground that the levies were fraudulent as to them, the first and second execution creditors were entitled to the proceeds of the sale.</p>