Prentiss Tool & Supply Co. v. Whitman & Barnes Manufacturing Co.

Citations

• 88 Md. 240
• 41 A. 49
• 1898 Md. LEXIS 185

Syllabus

<p>Priority of Lien of Execution— Receivers— Costs.</p> <p>A writ of H. fa. was issued on a judgment and laid in the hands of the sheriff on the same day that a receiver was appointed for the defendant corporation, but before such appointment was actually made, and a levy was made on defendant’s property before the receiver qualified and took possession. Held, that the lien of the execution creditor was entitled to priority; Code, Art. 23, sec. 269, providing that the assets of a corporation shall be vested in receivers from the time of their qualifying.</p> <p>Where an execution creditor consents that the property upon which he levied, shall be sold by a receiver appointed for the defendant, and that the proceeds of such sale shall stand in place of such property, he should not be charged with costs arising from a delay in making the sale for which he was not responsible.</p>