Rush v. Nat. Bk. of Confluence (Et Al.)

Opinion by

Mr. Justice Schaffer,

The controversy here at issue is whether a fund raised by sheriff’s sale of personal property shall be distributed to the execution creditors or to the trustee in bankruptcy of the defendant. The court determined that it should go to the execution creditors and the trustee in bankruptcy has appealed.

There is no question of actual preference involved. The indebtedness of defendant, represented by the judg ments on which the executions were issued, arose several years before the fieri facias went out and the levies were made; this occurred on March 15, 1935. From…