John Ball v. John P. Ryers

John Ball v. John P. Ryers. THE plaintiff in this suit had issued taji.fa. upon a judgment he had recovered. Rlker, citing Doug. 231. now moved for a rule directing the sheriff to pay over, on the execution thus sued out, the sum of 197 dollars 26 cents, being the surplus arising from a leasehold property, levied on and sold, in an action against the same defendant, at the suit of another plaintiff. Armistead v. Philpot. But if a plaintiff have, in the hands of the sheriff, money arising from an execution, a levy cannot be made on such money by virtue of a Ji.fa. against the plaintiff, for the mere raising the money by execution, does not, it is said, pass the property in it to the creditor. Turner v. Fendall, l Crunch, 117. In the principal case, Livingston, J. said, he had no doubt money might be levied on. See Dalton’s Sheriff Accord. But vide Fieldhouse v. Croft, 4 East, 510. overruling Armistead v. Philpot. [MAJORITY] Ordered accordingly.