Order of Solon ex rel. Dulany v. Gunther

Citations

• 8 Pa. Super. 319
• 1898 Pa. Super. LEXIS 62

Syllabus

<p>Sheriff's sale — Distribution — Election of funds — Belief of junior lien creditor.</p> <p>The court will not intervene to delay distribution in favor of a paramount creditor, at the instance of a junior creditor, until the paramount creditor shall proceed upon his security and raise another fund by the sale of another property, when such application was not made before the sale of the property doubly charged, and when the relief sought would subject the paramount creditor to delay and possibly to loss.</p> <p>Equity — Marshaling assets — Buies governing election of funds — Bights of paramount creditor.</p> <p>The rule that a party having two funds to satisfy his demands shall not by his election, disappoint a party who has only one fund is never enforced to defeat a superior or even equal right of another.</p> <p>Where both funds are in court or under its control, the enforcement of this equity cannot, ordinarily, work injury to the paramount creditor, but where the proposition is to suspend distribution of a fund in the grasp of the courts until another fund shall be created, the burden of proof is cast upon the junior creditor, who invokes the extraordinary exercise of power, to show that the paramount creditor will not suffer loss by the delay.</p>