¶1were of opinion, that the levy made in August under M’Culloch’s execution, gave him a prior lien, which the suspension of further proceedings did not impair, so as to give a preference to the plaintiff in this motion. This is not like an execution levied on personal property, where the property is suffered to remain in the hands of the debtor. Rule discharged.
10 F. Cas. 1090
Green v. Allen
U.S. District Court
Decided October 15, 1808
U.S. District Court · decided 1808-10-15
Judgment was obtained by the plaintiffs, in this court, on the 10th of December, 1807. A fieri facias issued, returnable in April, 1808, which was levied on the personal and real estate of the defendant: the personal being sold, and being insufficient to discharge the debt, the real estate of the defendant, lying in Bucks county, was, upon an inquest taken by the marshal, returned to be insufficient by its rents, to pay the debt in seven years.
Decided 1808-10-15