Associated Realty Corp. v. Caldwell

Pennewill, C. J.,

delivering the opinion of the court:

The question raised is whether the entire proceeds of the sale must be applied to the Heather execution, the first lien on the property sold, or only so much as remains after the payment of the costs of the subsequent judgment and execution upon which that property was sold, including the costs of sale.

The sheriff being in doubt as to the proper and legal application of the fund in his hands derived from the sale, was permitted to pay the same into court, where it now remains.

It is not certain that the practice in applying the proceeds of…