Eisenberg v. Wolf

Opinion by

Henderson, J.,

This appeal arises out of the distribution of the proceeds of a sale of real estate. The contest is between the assignee of a mechanic’s Hen filed by Dell & Frederick against the property sold, and Julius Eisenberg, the creditor, on whose execution the sale took place. The sheriff made a special return awarding the fund in controversy to the holder of the judgment. Exceptions were filed to that return, which exceptions, after argument, were sustained by the court and the fund awarded to the mechanic’s lien creditor. Three questions were presented under the evidence:…