Rust, Wells & Hitch v. Pritchett

Superior Court of Delaware

Rust, Wells & Hitch v. Pritchett

5 Del. 260

DecidedJuly 5, 1850

StatusPublished

This text of 5 Del. 260 (Rust, Wells & Hitch v. Pritchett) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rust, Wells & Hitch v. Pritchett, 5 Del. 260 (Del. Ct. App. 1850).

Pincite

Opinion

The Court.

The seizure under the attachment was made when the sheriff entered the store with the writ to execute it. Whilst he was waiting for the key, it was not competent for another creditor to slip in an execution, so as to be ahead of the attachment.

If two writs be placed in the sheriff’s hands on the same day, he is bound to levy or execute first that which was first delivered to him.

Rule discharged.

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The Court.

The seizure under the attachment was made when the sheriff entered the store with the writ to execute it. Whilst he was waiting for the key, it was not competent for another creditor to slip in an execution, so as to be ahead of the attachment.

If two writs be placed in the sheriff’s hands on the same day, he is bound to levy or execute first that which was first delivered to him.

Rule discharged.

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Bluebook (online)

5 Del. 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rust-wells-hitch-v-pritchett-delsuperct-1850.