Herr & Co. v. Parr

WICKERSHAM, J.,

This case presents the question as to whether a landlord, who has established no lien by levy or distraint, has any claim upon the proceeds of funds derived from a sheriff’s sale made pursuant to levy upon goods of the tenant by a creditor having a perfected purchase money security agreement with that tenant. . . .

Our plaintiff asserts that a landlord’s right of lien cannot exist vis-á-vis a secured creditor without an actual distraint or levy; or that even should such a lien exist, it is subservient to such a security interest. At common law, where the landlord’s right of…