Spencer v. McCloskey

Citations

• 7 Pa. Super. 578
• 1898 Pa. Super. LEXIS 344

Syllabus

<p>Practice, G. P. — Execution—Constable's levy under attachment — Sheriff's levy.</p> <p>Property taken under proceedings in attachment under the Act of July 12, 1842, P. L. 339, and its supplement of the Act of March 22,1850, P. L. 233, is subject to levy and sale under execution against the defendant during the pendency of the attachment, the lien thereof being transferred to the fund.</p> <p>Where a sale under a levy was prevented by the plaintiff in such attachment giving notice not to sell, the sheriff is not liable to him for obeying the directions given when he withdrew from the levy in the presence of the constable who held the original attachment. No special form is required to be observed by the sheriff when the property was released from the lien of the execution.</p>