Carnation Co. v. Midstates Marketers, Inc.

Swinehart, J.:

This is an appeal from an order which allowed the plaintiff-appellee Carnation Company to levy execution on real property owned by intervenor-appellant Edward Detrixhe, based upon a judgment lien. The defendant in the original action, Midstates Marketers, Inc., is not a party to the appeal.

The facts are that Carnation filed a petition on August 10, 1973, against Midstates Marketers, Inc., for $11,500, said sum being the balance due on an open account. Carnation was granted default judgment for said amount on September 20, 1973.

Midstates Marketers, Inc., also had other creditors,…