FIRST NAT. BANK, TO USE, v. JOHNSON ET UX.


79 Pa. D. & C. 313 (1951)

The First National Bank of Philadelphia, to use, v. Johnson et ux.

Common Pleas Court of Philadelphia County, Pennsylvania.

October 3, 1951.


Attorney(s) appearing for the Case

J.R. Mathewson, for plaintiff.

R.E. Machen, for defendants.


SMITH, P.J., October 3, 1951.

This matter comes before the court on defendants' motion and rule to set aside a sheriff's execution on their real property. It is the contention of defendants that until plaintiff has exhausted her legal remedy against their personal property, the issuance of a writ of fieri facias and the proceedings thereunder are irregular and illegal. The judgment note entered of record in this case for the sum of $605.16 contains the provision:...

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