162 Pa. 94 | Pa. | 1894
Opinion by
The fund for distribution was raised by a sheriff’s sale of the personal property of Charles Williams, against whom the Towanda Foundry Company, appellee, held two judgments, and
While the conclusions above stated and the concession of the appellee in reference to the September levies render it unnecessary to consider the other questions in the case which were discussed by the counsel, it is proper to note that in the distribution among execution creditors of a sum of money realized by a sale of personal property, the money must be appropriated to the writs which were levied on it or the property, to the exclusion of the writs which were not so levied: McClelland v. Slingluff, 7 W. & S. 134; Schuylkill Co.’s Appeal, 30 Pa. 358
In accordance with the views we have expressed we sustain all the specifications of error.
Decree reversed at the cost of the appellee and record remitted to the court below with directions to enter a decree in conformity with this opinion.