Legal Opinion

Delaware & Hudson Canal Company's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1861PublishedCited by 2 opinions

Appeal from the Common Pleas of Wayne county. This was an appeal from the decree of the Common Pleas of Wayne county, by the President and Managers of the Delaware and Hudson Canal Company, distributing the proceeds of the sheriff’s sale of the real estate of Thomas Thomas.

Read the full summary

Appeal from the Common Pleas of Wayne county. This was an appeal from the decree of the Common Pleas of Wayne county, by the President and Managers of the Delaware and Hudson Canal Company, distributing the proceeds of the sheriff’s sale of the real estate of Thomas Thomas. The material facts of the case are as follows: — » Thomas Thomas, the defendant, whose lands have all been sold by the sheriff by virtue of three different sales, hereinafter mentioned, was seised of various pieces of land situate in Way-mart borough and Clinton township, Wayne county. The following judgments were the…

1Opinion of the Court

*516The opinion of the court was delivered by

Strong, J.

— It surely can no longer be doubted, that where a creditor has a lien upon two funds belonging to one debtor, and another creditor has a subsequent lien upon only one of them, •the former is under obligation to exhaust first the fund upon which he has an exclusive lien, before he can resort to the other. This obligation is founded upon the plainest principles of justice and equity. It is nothing more than the obvious duty so to use one’s own as not to injure another. It is an equally plain principle of equity, that if the paramount creditor…

2Cases cited1 opinion

  1. Ramsey's AppealSupreme Court of Pennsylvania · 1834

3Cited by2 opinions

  1. Shimp's Assigned EstateSupreme Court of Pennsylvania · 1900
  2. Zacharias, Admrs. v. WagnerSuperior Court of Pennsylvania · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API