Ziegler v. Long
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an issue directed by the court to try the rights of the parties to the proceeds of the sale by the sheriff of the real estate of Martin Long. Jacob Long was made plaintiff, and Conrad Ziegler’s executors defendants. Previously to 1821, Martin Long was the owner of several tracts and lots of land, upon which a judgment against him at the suit of Jacob Hoffman was a lien.
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ERROR to the district court of Lancaster county. This was an issue directed by the court to try the rights of the parties to the proceeds of the sale by the sheriff of the real estate of Martin Long. Jacob Long was made plaintiff, and Conrad Ziegler’s executors defendants. Previously to 1821, Martin Long was the owner of several tracts and lots of land, upon which a judgment against him at the suit of Jacob Hoffman was a lien. On the 21st of March 1821, Martin Long conveyed one of the tracts of land, two hundred acres, to Conrad Ziegler for 12,084 dollars. In 1822 Jacob Long, the plaintiff,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The principle of equity is well settled, that where a party has two funds from which he can satisfy his debt, and another creditor has a lien posterior in point of time on one of the funds only, the first creditor will be compelled to resort to that fund which the junior creditor cannot touch, in order that the junior creditor may avail himself of his only security. 19 Johns. Rep. 486. And if Ziegler and J. Long, who are here the contending claimants, stood simply in this relation, the latter ought to be preferred as to the money in court.…
2Cases cited1 opinion
- Executors of Morris v. Executors of M'ConaugheySupreme Court of Pennsylvania · 1791
3Cited by3 opinions
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
- Herbert v. Mechanics Building & Loan Ass'nSupreme Court of New Jersey · 1864
- Pease v. DoaneSuperior Court of Pennsylvania · 1907