Atchison, Topeka & Santa Fe Railroad v. Schwarzschild & Sulzberger Co.

Involved in this case is the question : Which one of two attaching creditors shall have the preference in the distribution of a fund derived from the sale of attached property?

On April 21, 1893, the Schwarzschild & Sulzberger Company brought an action against Frank E. Tyler *91and obtained an order of attachment. At six o’clock P. M. of that day, the order was placed in the hands of the sheriff, who, forty minutes later, levied upon the personal property of Tyler, appraised at$49,538.30. It was soon found that the property levied upon was mortgaged to secure a debt of fifty thousand dollars. On…