Jones v. Beverly English & Son

Citations

• 168 Pa. 438
• 32 A. 39
• 1895 Pa. LEXIS 818

Syllabus

<p>Judgment — Issue to determine validity of judgment — Attachment under act o/1869.</p> <p>On an application by an attaching creditor for an order upon the sherill to pay into court the proceeds of a sheriff’s sale, and for an issue to determine the validity of the judgment under which the sale is made, the findings of the lower court are entitled to the greatest weight, and will not be set aside by the Supreme Court except for manifest error.</p> <p>Where several executions are prior in lien to an attachment under the act of March 17, 1869, and one of the executions is under a judgment, the validity of which is not disputed, and the amount of which is larger than the proceeds of the sale, the attaching creditor has no standing to have the money paid into court, as such action would not benefit him, and would seriously prejudice the rights of the owner of the judgment entitled to the fund.</p>