Cannon Mills, Inc. v. Spivey

On Petition to Rehear

This was a general creditors ’ suit by a judgment creditor with a nulla bona return. The insolvent defendant made no defense, and the bill was sustained. The only controversy was over the claim of petitioners (two creditors) to priority in the proceeds of a lot described in the bill.

Petitioners sought to support their claim upon these grounds: (1) that the filing of the bill (Oct. 18, ’57) and of the notice lis pendens (Nov. 1) did not fix a lien on the property of the insolvent for the benefit of his creditors; *431but (2) that the American Oil Company, by levy of its…