Coe v. Simmons Boot & Shoe Co.

This is an appeal from an order of the Circuit Court, directing the sheriff of Livingston county to give preference to partnership execution creditors over individual creditors of members of an insolvent mercantile firm.

The executions of the individual creditors were prior to those of the partnership creditors.

We think the doctrine of qui prior est tempore patior est jure, applies.

The doctrine that firm property should first be subjected to the payment of firm debts in preference to individual debts, obtains only in equity. The law disregards such preference. It is founded upon the equities…