Simon v. Majestic Apartment House Co.

Citations

• 245 Pa. 585
• 91 A. 940
• 1914 Pa. LEXIS 925

Syllabus

<p>Equity — Equity practice — Conflicting lien claims — Execution— Preliminary injunction — Appeals—Supreme Court.</p> <p>• A bill in equity to foreclose a corporation mortgage on a hotel property was filed by the mortgagee trustee. On motion for a preliminary injunction to restrain a judgment creditor from proceeding with executions levied against the personal property, it appeared that the judgments were subsequent to the mortgage, but it was claimed by the holders thereof that the mortgage did not cover the furniture and fixtures. The court granted a preliminary injunction restraining further proceedings under the judgments mentioned, the decree preserving the creditor’s right to have his execution satisfied out of the proceeds of the sale of the personal property of the hotel, if he had such a right. The bond given insured the payment for said property of' a sum largely in excess of what would be required to pay the judgment creditor if he had the preference which he claimed. Held, that the preliminary injunction ghould not be disturbed.</p>