In re Petitions of J. R. Richardson Co.

Citations

• 26 Del. 336
• 83 A. 1034
• 3 Boyce 336
• 1912 Del. LEXIS 35

Syllabus

<p>1. Justices of the Peace—Execution—Levy—Priority.</p> <p>Under Rev. Code 1852, amended to 1893, p. 750, c. 99, § 17, providing that an execution issued by a justice of the peace shall not bind the chattels of the judgment debtor until actual levy, an execution issued by a justice, unaccompanied by any levy, does not bind the chattels of the judgment debtor as against an actual levy under a subsequent execution issued on another judgment, and, the officer levying under the subsequent execution may appropriate the proceeds of a sale in payment of such execution.</p>