Smyth v. Levy

Citations

• 6 Pa. Super. 23
• 1897 Pa. Super. LEXIS 304

Syllabus

<p>Judgment — Execution—Funds in sheriff's hands — Standing of junior judgment creditor.</p> <p>, The proceeds of a sheriff’s sale of a defendant's personalty under an execution in the hands of the sheriff are bound by an execution issued by a bona fide creditor, upon a judgment obtained after the sheriff’s sale; such judgment will bind such proceeds and give such creditor a standing to contest the validity of the prior judgment, on the ground of fraud.</p> <p>Practice, G. P. — Parties to record.</p> <p>No man can make himself a party to pending litigation between others by his own act or statement on the record: it follows, therefore, that a senior judgment creditor has no standing to intervene by petition to have set aside a levy made on a junior execution.</p>