Pollack v. Slack

Citations

• 92 Ill. 221

Syllabus

<p>1. Attachments—division of proceeds of sale, as between several judgments. Section thirty-seven of the Attachment act, (Rev. Stat. 1874, 158,) seems to provide for a division of the proceeds of sale of property attached, in two classes of cases: First, where two or more creditors commence by attachment and the writs are all returnable to the same term, they are protected by the statute, whether they all obtain judgments at the same or at different terms of court. Second, all judgments in suits commenced by summons, capias or attachment, rendered at the term when the attachment is returnable, or rendered at the term when judgment is obtained in the suit by attachment, regardless of the time when the actions were commenced.</p> <p>2. An attachment was sued out and levied upon land of the debtor. At the return term the cause was continued. Subsequently the debtor conveyed the land attached to a third person. After this conveyance the grantee of such debtor and another each brought suit against him, and at the term of court next following both obtained judgments, and at the same term the attaching creditor also obtained judgment. Executions were issued on all these judgments on the same day and placed in the hands of an officer, who advertised and sold the land on the execution in favor of the attaching creditor. The proceeds of this sale were ordered by the court below to be distributed as follows: Eirst, to pay in full the judgment of the attaching creditor, second, the surplus, if any, to the one mentioned as the grantee of the debtor, upon his judgment. This was held to be an improper distribution of the proceeds of the sale. All the judgments were entitled to share pro rata according to their several amounts. The'judgments obtained in the suits which were commenced by summons came within the second class of cases provided for in the statute.</p>