Wadas v. Sharp

Citations

• 27 Pa. Super. 233
• 1905 Pa. Super. LEXIS 43

Syllabus

<p>Execution — Delay by sheriff — Loss of lien.</p> <p>A delay by the sheriff in executing a writ caused by a well-founded belief on his part that the defendant was endeavoring to pay the judgment, and that no one was being injured by the delay, cannot be taken advantage of by a junior execution creditor to defeat the lien of the first execution.</p> <p>Execution — Landlord and tenant — Rent—Priority of rent — Evidence.</p> <p>A landlord’s priority for rent in the distribution of a fund raised by a sheriff’s sale of the tenant’s goods, is not defeated by the fact that no notice of the claim for rent was given at or before the sale.</p> <p>Where a levy is made on personal property under a number of executions and the proceeds of the sale are not sufficient to satisfy all, the landlord’s claim on the proceeds for rent due is to be reckoned up to the date of the levy made on that execution which was the last to participate in the fund.</p> <p>Where a landlord claims rent out of the proceeds of a sale of the tenant’s personal property under an execution, the tenant is a competent witness to testify as to the amount of rent.</p>