Miller v. Getz

Citations

• 135 Pa. 558
• 19 A. 955
• 1890 Pa. LEXIS 1219

Syllabus

<p>T. An execution issued merely to obtain a lien, and not to sell the goods levied on, will be postponed to a subsequent writ under which an actual sale is made; but a writ issued in good faith for the purpose of making, the money will not be so postponed, merely because the goods were allowed to be sold'on the subsequent writ.</p> <p>2. The fact that a constable, who had made a levy, on learning of a subsequent execution in the hands of the sheriff, handed his execution to ■ the sheriff and permitted the latter to sell under a levy subsequent and expressly subject to tbe constable’s levy, will not constitute an abandonment of the levy first made.</p> <p>3. In such case, the proceeds of sale should be applied on the execution levied by the constable, though the goods levied on and sold had previously been set apart to the debtor under the exemption law, and though the only waiver of exemption by the debtor was contained in the judgment under which they were sold by the sheriff.</p> <p>4. The rule laid down in Hallman v. Hallman, 124 Fa. 347, that a waiver as to any lien will enure to the benefit of all prior liens, applies in the case of liens acquired by successive levies on goods, under judgments of which some do and others do not contain waivers of the exemption, without regard to the relative dales of the judgments.</p>