Mayer v. Morgan

Citations

• 26 Wash. 71
• 66 P. 128
• 1901 Wash. LEXIS 608

Syllabus

<p>JUDGMENTS- — PRIORITY OP LIENS — SALE ON EXECUTION — DISPOSITION OP SURPLUS PROCEEDS.</p> <p>Under tbe statutes of this state authorizing judgment liens upon tbe debtor’s real estate, giving them priority according to their entry, providing for the sale of such real estate on execution to satisfy any judgment against him and providing for the disposition of the proceeds of such sale, the holder of a junior judgment lien cannot hy garnishment obtain priority over an intermediate judgment in the surplus money left after a sale to satisfy the senior judgment, since such money stands in place of the realty, and is subject to the judgment liens in the order of their original priority, notwithstanding the provisions of Laws 1889, p. 88, § 6, subd. 5, authorizing the payment to the judgment debtor of any proceeds remaining after the satisfaction of a judgment.</p>