United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rockhill v. Hanna, 56 U.S. 15 How. 189 189 (1853)

Rockhill v. Hanna

56 U.S. (15 How.) 189

Syllabus

Three judgments were entered up against a debtor on the same day.

One of the creditors issued a capias ad satisfaciendum in February, and the other two issued writs of fieri facias upon the same day, in the ensuing month of March.

Under the ca. sa., the defendant was taken and imprisoned, until discharged by due process of law. The plaintiff then obtained leave to issue a fi. fa., which was levied upon the same land previously levied upon. The marshal sold the property under all the writs.

The executions of the first fi. fa. creditors are entitled to be first satisfied out of the proceeds of sale.

Each creditor having elected a different remedy, is entitled to a precedence in that which he has elected.

Besides, the ca. sa. creditor, by imprisoning the debtor, postponed his lien, because it may happen, under certain circumstances, that the judgment is forever extinguished. If these do not happen, his lien is not restored as against creditors who have obtained a precedence during such suspension.

The facts in the case are succinctly stated in the opinion of the Court, and also the questions certified.

Page 56 U. S. 194