Vermont Marble Co. v. Superior Court

Citations

• 99 Cal. 579
• 34 P. 326

Syllabus

<p>Insolvency—Dissolution of Attachments — Assignment Subject to Other Liens.—The statutory provision that the effect of an adjudication in insolvency is to dissolve attachments made within one month next preceding the commencement of the proceedings in insolvency, is equivalent to an express declaration that it dees not affect liens of any other nature, and the assignee takes the property of the insolvent subject to all other liens existing at the institution of the proceedings.</p> <p>Id.—Prior Levy undeb Execution—Right of Sheriff to Sell—Jurisdiction of Court— Order Restraining Sale__By the levy of an execution upon the property of an insolvent debtor prior to the filing of the petition in insolvency, the judgment creditor acquires a lien which is not divested by the subsequent adjudication of insolvency of the debtor, and when the sheriff has seized personal property of the debtor under such execution, such property is not subject to the control of the court in the subsequent proceedings in insolveucy, and the court has no jurisdiction in such proceedings to make an order restraining the sheriff from selling the same, and such order cannot protect the sheriff</p> <p>Id. — Death of Insolvent—Abatement of Pbooeedinqs—Effect upon Execution Sale. — The death of the insolvent before the return day upon the petition had the effect to abate the insolvency proceedings and all orders therein, but did uot affect the lien of the execution or relieve the sheriff of his obligation to sell the property.</p> <p>Id. — Review of Abated Obdeks. —Where an order in insolvency proceedings has abated by the death of the insolvent, an order of the supreme court annulling it upon writ of review would be vain, and an application for such writ will be denied.</p>