Mulligan v. Barnes

Citations

• 171 Pa. 53
• 32 A. 1109
• 1895 Pa. LEXIS 1278

Syllabus

<p>Execution—Belay of sale—Bistribution—Payment of proceeds into court —Practice, 0. P.</p> <p>A rule taken by a junior execution creditor to pay the proceeds of a sheriff’s sale of personal property into court should be made absolute where the testimony in support of the rule tends to show that the senior execution creditor had used his writ for the purpose of securing and maintaining a lien upon the defendant’s personal property, and not for the legitimate purpose of having a sale.</p>