Riley v. Ogden

Citations

• 185 Pa. 506
• 40 A. 76
• 1898 Pa. LEXIS 744

Syllabus

<p>Sheriff's interpleader — Bond—Execution.</p> <p>The execution and delivery of an interpleader bond does not discharge the goods levied upon from the lien of the' execution, or substitute the bond for the goods, but merely operates as a transfer of the goods from the custody of the sheriff to that of the claimant pending the issue as to their ownership.</p> <p>The giving of an interpleader bond does not prevent the issuing of a second execution and a sale thereon, the fund produced to be paid primarily to the first execution creditor, if he be successful, in the inter-pleader suit.</p> <p>After a sheriff’s interpleader bond had been filed, the sheriff, instead of delivering the property to the claimant in the interpleader, held it under executions in his hands against him. He subsequently advertised and sold the property at public sale, all parties either requesting the sale or acquiescing in it. The sheriff’s auctioneer distinctly announced at the sale that the purchasers would have to pay cash, and that- the money would have to be turned into court. The interpleader proceedings resulted in favor of the original execution creditor. Reid, that the original execution creditor, not the execution creditor of the claimant, was entitled to the fund.</p>