Assigned Estate of Bitner & Wife

Citations

• 176 Pa. 90
• 34 A. 957
• 1896 Pa. LEXIS 1046

Syllabus

<p>Equity — Marshaling assets — Judgments—Mechanics' liens.</p> <p>Five judgments were liens upon two lots of land owned by the same person. The owners of the four junior judgments released one of the lots from the lien of their judgment. The owner erected upon the lot thus released certain buildings against which mechanics’ liens were filed. Both lots were subsequently sold by an assignee for the benefit of creditors. Held, (1) that in the distribution of the proceeds the mechanic’s lien creditors had an equitable interest in the proceeds of the lot released superior to that of the four judgment creditors who had released the lien of their judgments from it; (2) that the existence of the mechanics’ liens prevented the junior creditors from requiring the senior judgment creditor to resort to his lien upon the lot released in aid of the judgments of the junior creditors.</p>