Loeffler v. Schmertz

Citations

• 152 Pa. 615
• 25 A. 636
• 1893 Pa. LEXIS 1027

Syllabus

<p>[Marked to be reported.]</p> <p>Execution — Distribution—Issue under act of April 20, 1846.</p> <p>Under the act of April 20, 1846, P. L. 411, providing for an issue, upon the distribution of money arising from judicial sales, where there are material matters of dispute, it is the duty of the court of common pleas to determine whether the facts in dispute are material, and are sufficiently set forth in the affidavit, and, if they are not so, to refuse the issue.</p> <p>Where a fund for distribution arises from a sale under execution, and the affidavit shows fraud upon the part of the defendant in the execution, but fails to connect the plaintiff with the fraud, and it appears that the judgment upon which the execution is issued was not in excess of the debt due by defendant to plaintiff, an issue will not be awarded.</p>