Stroudsburg Bank v. Miller

Citations

• 126 Pa. 523
• 17 A. 868
• 1889 Pa. LEXIS 909

Syllabus

<p>1. While a direction to stay proceedings upon a writ of fieri facias, or any act evincing an intention not to have a sale of the property but to hold the writ for purposes of lien, is a waiver of priority in favor of another writ coining into the hands of the sheriff;</p> <p>2. Yet the first execution creditor will not be postponed, merely because he issued his writ io get priority of lion as against other creditors, if he do not interfere with the sheriff in the performance of his duty, nor give any directions to him inconsistent with the exigencies of the writ.</p> <p>8. Where, however, no levy is made by the sheriff' upon the first writ, but personal property is levied upon and sold under the second, the money made must be appropriated to the second writ, leaving the first execution creditor to an action against the shoriff for redress.</p>