Tolerton & Stetson Co. v. Petrie
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Bill by the Tolerton & Stetson Company against John R; Petrie and others. Prom a judgment for defendants, plaintiff appeals.
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Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Bill by the Tolerton & Stetson Company against John R; Petrie and others. Prom a judgment for defendants, plaintiff appeals. An officer and a prior execution creditor cannot step aside from their writ by virtue of which they have levied upon property, and settle claims of third persons upon the property without the knowledge or consent of prior lien holders and be chargable only with the amount they may receive in the settlements or merely with the value of the property at that time. Griswold v. Sundback, 4 S. D. 441. A levy…
1Opinion of the CourtCorson, J.
This is an action in equity on the part of the plaintiff, who was an attaching creditor of Lavender & Spannagel, to .restrain the defendants French & Orvis from paying over to one T. O. Bogert. who was a judgment creditor of said firm of Lavender & Spannagel, certain moneys that have come into their hands in settlement for a part of the property levied on by said Bogert as a judgment creditor of said firm, and also to obtain a decree adjudging that a portion of said fund in the hands of said French & Orvis be applied to the plaintiff’s judg*599ment obtained against the said firm. Findings and…
2Cases cited2 opinions
- Williams, Birnie & Co. v. BrownSupreme Court of Georgia · 1876
- Chisolm v. S. B. Chittenden & Co.Supreme Court of Georgia · 1872
3Cited by1 opinion
- Amundson v. Standard Printing & Manufacturing Co.Supreme Court of Iowa · 1908