Cannon v. Tant

Nichols, Justice.

1. The first question for decision is whether the trial court erred in denying the Cannons’ motion for summary judgment. This motion was based upon the fact they hold the only lawful judgments and are the only claimants entitled to proceed against the insurer under the terms of the policy of liability insurance.

A consideration of the following statutory and case law is necessary for a determination of the merits of this contention.

"Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority,…