Abbott v. Powell

HOFFMAN. District. Judge.

I have carefully examined all the authorities furnished me by the learned counsel for the defendant. I am unable to perceive that any of thorn are decisive of, or even discuss the principal point made in, the case at bar. It is not disputed, that as a general rule, where a creditor lias a claim on two funds, on one of which another person has also a claim, and such other person will be prejudiced by allowing the creditor to satisfy his debt out of the fund subject to both claims, equity will compel the creditor to resort in the first instance to the fund to which he…