McDuffie Oil & Fertilizer Co. v. Sims

Where two executions are held by different parties against a common debtor, and where property of the debtor is sold under the junior execution, the sheriff may pay the proceeds over to the plaintiff by whose process it was raised, unless the holder of the senior execution deposit his lien with the sheriff, and thus claim the fund. Where the senior lienholder fails to do so, but passively permits the fund to be paid over to the holder of the junior lien, who receives the same without fraud or actual knowledge of the prior claim, the senior lienholder cannot recover the fund from the junior…