Spicks v. Prospect Brewing Co.

Citations

• 19 Pa. Super. 399
• 1902 Pa. Super. LEXIS 113

Syllabus

<p>Execution — Lien—Levy—Act of June 16, 1836, P. L. 755.</p> <p>Since the passage of the Act of June 16,1836, P. L. 755, the law requires a levy upon a writ of fieri facias placed in the sheriff’s hands to be made before the return day of the writ, in order to make the lien from the time at which the writ was placed in the sheriff’s hands good; but, when a proper levy is made before the return day of the writ, the levy itself relates to the hour at which the writ was placed in the sheriff’s hands and indorsed thereon.</p> <p>Where the defendant in an execution has agreed to sell personal property to another, but has not delivered it until after the hour at which a writ of fieri facias was placed in, the hands of the sheriff and indorsed by him, the plaintiff in the execution will, if a levy is made before the return day, acquire a lien upon the property by virtue of his writ.</p>