Paysinger v. Shumpard
Paysinger v. Shumpard
Opinion of the Court
delivered the opinion of the Court.
There is no principle, nor any decided case, on the authority of which this action can be maintained. It is conceded, that an execution duly entered in the sheriff’s office binds all the defendant’s property; and under it the property may be taken and sold in satisfaction, although found in the possession of third persons.
The case from 2 Bay, does not apply. There the plaintiff had a specific lien on the land; but the decision went on the ground, that the sheriff, whose business it was to pay the proceeds of the sale to the senior lien, had by mistake paid it over to one which was junior. That case too went quite far enough, to say no more.
Motion refused.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.