3 Rawle 401 | Pa. | 1832
The opinion of the eourt was delivered by
This case is considered as falling within the principle decided by this court in the case of Hunt v. Breading, 12 Serg. & Rawle, 37.
On the 20th of November, 1827, Richard Rowley, issued a fieri facias upon his judgment of fourteen hundred and eighty three dollars, and seventy five cents, against Vanarsdale, with directions to the sheriff, to levy the second instalment, or one third of the amount of the judgment which had become payable, the first instalment having been paid. This writ of fieri facias was put into the hands of the sheriff to whom if was directed on the same day. He immediately called at the store of the defendant in the execution; told him of its being in his hands, and the defendant signifying no disposition to pay it, he made a levy upon the goods in the store, of more than a value sufficient to satisfy the amount of the execution, of which he gave the defendant notice. He also levied upon some part <of the defendant’s household furniture, of which he made an inventory, but made no inventory of the goods levied on in the store; nor did he remove any of them. The plaintiff upon the sheriff’s telling him what he had done, told him that he need not remove the goods without further orders. .The sheriff did not shut .up the store, nor did he put any one in possession of it. After the sheriff made this
Vanarsdale was displeased with Rowley for issuing his execution, and told the sheriff when he informed him of it, that if he had known that Rowley intended doing so, he would have prevented him from getting any of his personal property, for he would have made an assignment of it for the purpose of satisfying some of his creditors. Rowley by issuing his execution as he did, secured the payment of the second instalment which had become payable upon his judgment against Vanarsdale out of the defendant’s personal estate, and thereby made the real estate the better security for the residue of that, and the amount of his other judgment of ten hundred and thirty-one dollars and forty-seven cents, which had some months then to run before execution could be issued. Maybury was interested in making the most out of the property which had been assigned to him and Moss by Vanarsdale that he might get payment of his debt. It is therefore easy to see the motive which he had for paying the money coming to Rowley upon his execution. The property assigned to Maybury was bound for the payment of Rowley’s execution, and to prevent a sacrifice of it and ail further interference with it by the sheriff, he paid the execution. He could be no loser by doing so, as the personal property liable to the execution was of much more value than the amount of it, and he would have a right to reimburse himself the amount of the money paid to the sheriff out of the first moneys that should arise from the sale of the goods to be made by him. This money was not paid to the sheriff, as has been contended by Moss’s counsel, under an agreement that Maybury should have the judg
But I also think there was a levy on the goods of Vanarsdale in this case sufficient to bind Maybury. To constitute a levy upon personal property it is not necessary that there should first be an inventory of it made out; nor is it necessary, perhaps, in all cases, that an inventory should be made out at any time. Neither is if necessary that the sheriff should remove the goods levied on immediately ; nor that he put a person in every case, immediately into the possession of them; a reasonable time must be allowed for this, which may be more or less, to be judged of according to attending circumstances. A levy, however, upon such property, cannot be made without the
The judgment of the court below is affirmed.