Necker v. Sedgwick

Citations

• 36 Pa. Super. 593
• 1908 Pa. Super. LEXIS 211

Syllabus

<p>Execution — Sheriff—Interpleader—Act of May 26,1897, P. L. 95.</p> <p>The purpose of the Act of May 26, 1897, P. L. 95, was to compact in one enactment the statutes and principal decisions relating to inter-pleaders in execution, with the addition of the provision, new to the law, saving the sheriff from actions if he proceeded in accordance with the statute.</p> <p>In an action against a sheriff for refusal to sell goods levied upon by him, where it appears that the sheriff had not applied for an inter-pleader, he may show that the goods which he had seized on the execution did not belong to the debtor, but to a stranger, and that the plaintiff had consequently suffered no injury by the refusal of tho defendant to proceed to sell.</p>