Assigned Estate of Mathews

Citations

• 144 Pa. 139
• 22 A. 903
• 1891 Pa. LEXIS 590

Syllabus

<p>(a) The personal property of an estate, assigned for the benefit of creditors, was subject to the liens of executions issued prior to the assignment. By agreement with the execution creditors and sheriff, the assignee took charge of the goods, made sale of the same as the sheriff’s agent, and accounted to the sheriff for the proceeds:</p> <p>1. The validity of the judgments and executions being sustained, and the entire proceeds of sale of the personal property being insufficient to satisfy the executions, unsecured creditors had no standing to except to the assignee’s account for clerk hire and expenses in converting the goods into money.</p> <p>2. The fact that one of the execution creditors, whose execution was left unsatisfied from the goods sold, issued an alias writ and caused a levy and sale thereon of real estate, was not to be treated as an abandonment of his right, under Ms former wtít, to receive payment out of the proceeds of the goods sold.</p>