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3 Pen. & W. 389

Ebert v. Spangler

Supreme Court of Pennsylvania

Decided May 15, 1832

Supreme Court of Pennsylvania · decided 1832-05-15

IN ERROR. Error to the District Court of York county. The plaintiffs in error who were plaintiffs below, and trustees of Mam Rutter, under a domestic attachment, brought this suit against William Spangler, sheriff of York county, to recover a surplus, arising from the sale of the personal property of the said Rutter, after satisfying an execution in his hands, upon which he had sold the said property, and which property was attached in his hands, subject to such execution.

Decided 1832-05-15

Per Curiam.

¶1The foreign attachments having been quashed can affect the question no more than if they never had existed. The case, then, simply presents the claim of trustees in a domestic attachment, to the residue of money in the sheriff’s hands, after satisfaction of an execution, on which the absconding debtor’s property was sold; and is it possible to doubt of its solidity? The trustees stand in the plea of the debtor, are invested with all his, rights, and are clearly entitled to recover.

¶2Judgment of the court below reversed, and judgment rendered here for the plaintiff,

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