SIMMONS V. SIMMONS 514 A.2d 128 (1986) CASE BRIEF

SIMMONS V. SIMMONS
514 A.2d 128 (1986)
NATURE OF THE CASE: Edward Simmons (H) appealed a refusal to have a judgment marked satisfied.
FACTS: W acquired against H a judgment for $3024.60 representing child support arrearages. W obtained the issuance of a writ of execution which directed the sheriff to seize certain items of H's personal property. Property was seized and sold. The proceeds did not satisfy the judgment. After the sheriff's sale, a camper and Bronco II were taken by a credit company in payment of the balance of the purchase money loans made to H. Due to the sheriff's sale of the camper and Bronco II, H requested that W have the judgment against him marked satisfied. W refused to do so. The Court decided that since W did not realize any gain from her purchase of the camper and Bronco II, H was not entitled to have the judgment against him marked satisfied. H appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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