Rust, Wells & Hitch v. Pritchett

5 Del. 260

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.