Sterling v. Brightbill
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an issue directed by the court, to try the right of the respective claimants to the proceeds of the sale of the real estate of David Ferguson and John Ritchey, by the sheriff. The real estate of David Ferguson was sold upon a judgment of Hummel & Lebkicher, which was the first and only judgment against Ferguson, and which was therefore indisputably payable. The contest was about the balance of the money.
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ERROR to the common pleas of Dauphin county. This was an issue directed by the court, to try the right of the respective claimants to the proceeds of the sale of the real estate of David Ferguson and John Ritchey, by the sheriff. The real estate of David Ferguson was sold upon a judgment of Hummel & Lebkicher, which was the first and only judgment against Ferguson, and which was therefore indisputably payable. The contest was about the balance of the money. After Hummel & Lebkicher obtained their judgment, Ferguson sold and conveyed the land to John Elder, after which, on the 29th of October…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
If this were the ordinary case, where the first of two or more judgment or other lien creditors of the same person, having two funds from which he ,may satisfy his debt, and the others being posterior in point of time, having only one of the funds within their reach, the court might interfere, so as tó give the junior creditors the benefit of the security of the first, upon their paying him the amount thereof, and permit them to use it against that fund, up.on which they had no claim under their own securities, for the purpose of rendering…
2Cases cited2 opinions
- Dorr v. ShawNew York Court of Chancery · 1819
- Sells v. Administrators of HubbellNew York Court of Chancery · 1817
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