Kendig v. Landis

Citations

• 135 Pa. 612
• 19 A. 1058
• 1890 Pa. LEXIS 1228

Syllabus

<p>1. When one creditor has two funds out of which to make his money, and another creditor has but one, the former must first exhaust the fund upon which the latter has no claim, unless, in the particular instance, some equity renders the application of the rule unjust.</p> <p>2. A judgment, which was a lien upon two properties sold on separate executions, cannot be paid out of the proceeds of the second sale, to the prejudice of a subsequent mechanics’ lien, if the proceeds of the first sale in the hands of the sheriff are sufficient to pay said judgment.</p> <p>3. The fact that the holder of such judgment has another one, subsequent in date to the mechanics’ lien, which subsequent judgment will not be reached by either fund unless the prior judgment is paid out of that raised by the second sale, presents no equity to take the case out of the usual rule.</p> <p>4. It may be a question, as intimated in Knouf’s App., 91 Pa. 78, whether a mechanics’ lien claimant can be subrogated to the rights of a prior judgment creditor as to another property than that against which his lien is filed; but, whether such right does exist, not decided, the question not arising.</p>