Herr v. Lancaster Trust Co.

Citations

• 47 Pa. Super. 63
• 1911 Pa. Super. LEXIS 112

Syllabus

<p>Judgments — Judgments in different counties — Priorities—Marshaling — Equity.</p> <p>1. The payment to an execution creditor of the proceeds of a sheriff’s sale of real estate is not a voluntary payment by the debtor, but a payment in invitum. An execution creditor, having several liens upon the real estate sold, cannot apply such proceeds to whatever lien he pleases, but the law will apply them to such liens as are divested by the sale in the order of their priority.</p> <p>2. Where a creditor holds two judgments against his debtor as the first and second liens on the debtor’s real estate in one county, and the same judgments by transcripts in the same order as the first and third liens in another .county, and he issues an execution in the first county on the first judgment, from the proceeds of which he makes the first judgment except a small balance, but not the second, and these proceeds are distributed to him by the sheriff, and thereafter he issues execution on the first judgment in the second county he will not be entitled to apply the proceeds after payment of the balance on the first judgment, to the second judgment, to the exclusion of the judgment of another person which is the second lien in the second county.</p>