29 F. Cas. 606
U.S. District Court
Decided July 15, 1871
U.S. District Court · decided 1871-07-15
In this case two executions were issued to a sheriff against the property of William Welch, one on a judgment for $293 11, and one on a judgment for $3,265 06, under which the sheriff levied on the personal property of Welch. A petition in bankruptcy was then filed, and an injunction issued against the sheriff. On the proving of claims, the claim of the first judgment creditor was objected to and contested. The as-signee sold the property for $1,333 42.
Decided 1871-07-15
¶1Poundage can be allowed only on the amount which the property brought.
¶2As between the sheriff and the property, the sheriff has a lien on it for his poundage and fees, and is entitled to be paid out of Its proceeds.
¶3If the sheriff acted in good faith he is entitled to be paid, without reference to the validity of the judgment.