Sec 739

Where A.'s goods are wrongfully seized under an execution against B., A. can recover the proceeds of the sale from the sheriff or other officer levying the execution.4 A bankrupt assignee, also, may sue the sheriff for the proceeds of goods sold by the sheriff on an execution levied after an act of bankruptcy.5 sec 740. Where money is regularly obtained by legal process, in a court having jurisdiction, against a particular defendant, it cannot be recovered back in a suit by the original defendant against the original plaintiff for money had and received, no matter how erroneous the judgment of the court may have been on the merits. The remedy is to have the judgment, in such case, reversed or set aside; and if this cannot be done, then there is no relief.6 The same rule applies to money paid under an award of arbitrators.7 It is otherwise, however, when the court of procedure had no jurisdiction, or where the goods of the party aggrieved were taken in mistake for the goods of another person;l and so when money has been collected on a satisfied judgment.2 But a party cannot shelter himself from payment of money improperly detained by him by setting up a judgment in which the issue was not directly determined.3 Thus, where an attorney-at-law having received a part payment on a note placed in his hands for collection, after having paid over the amount so received to the creditor, obtained judgment for the whole amount, it was held that the attorney was liable in this form of action to the original debtor for the excess thus collected.4 - Money paid under a judgment that is finally reversed or annulled can in this way be recovered back,5 nor is it necessary that the original payment should have been coerced by execution.6 - What has been said with regard to money obtained by legal process may be said with regard to threatened legal proceedings. A party who pays even an unfounded claim under threat of bona fide legal proceedings, cannot, with the exceptions previously noticed, supposing him to have had a full knowledge of the facts of the case, recover back the money so paid.7

Proceeds of goods wrongfully sold may be recovered from sheriff.

Money obtained by legal process cannot be thus recovered back.

1 American Steamship Co. V. Young, 89 Penn. St. 186.

2 Supra, sec 149; Smith V. Bromley, 2 Doug. 696; Smith V. Cuff, 6 M. & S. 160.

3 Wharton V. Birmingham, 37 Penn. St. 371.

4 Oughten V. Loppings, 1 B. & Ad. 241; supra, sec 144 et seq.; and see Kitchen V. Campbell, 3 Wilson, 304.

5 Leake, 2d ed. 92; Balme V. Hutton, 9 Bing. 471; Rocke ex parte, L. R. 6 Ch. 795; Graham V. Chapman, 12 C. B. 85; Mitchell V. Winslow, 2 Story, 630; Steene V. Aylesworth, 18 Conn. 244.

6 Supra, sec 150; Wh. on EV. sec 758 et seq.; Leake, 2d ed. 98; Marriott V. Hampton, 7 T. R. 269; Habberton V. Wakefield, 4 Camp. 58; De Medina V. Grove, 10 Q. B. 152; Belcher V. Mills, 2 C. M. & R. 150; Morton V. Chandler, 7 Greenl. 45; Strong V. McConnell, 10 Vt. 232; Loring V. Mansfield, 17 Mass. 394; Nettleton V. Beach, 107 Mass. 499; Carter V. Canterbury, 3 Conn. 461; Walker V. Ames, 2 Cow. 428; Finnel V. Brew, 81 Penn. St. 362; Federal Ins. Co. V. Robinson, 82 Penn. St. 357; Job V. Collier, 11 Ohio, 422; Mitchell V. Sandford, 11 Ala. 695.

7 Homes V. Aery, 12 Mass. 134; Bulk-ley V. Stewart, 1 Day, 130.