Minnich v. Gardner, 292 U.S. 48 (1934)

Minnich v. Gardner

No. 669

Argued March 15, 16, 1934
Decided April 2, 1934
292 U.S. 48

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. If the object of a judgment creditor in having an execution levied on goods of the debtor is merely to obtain a lien, the lien will be postponed in favor of subsequent purchasers and execution creditor; but a subsequent direction to the sheriff to proceed with the the sale has the effect of reviving the priority of the lien as against all other liens or right acquired after such direction. P. 50.

2. This is the general rule, and the rule in Pennsylvania. P. 51.

3. Petition in involuntary bankruptcy was filed seventeen months after levy of execution on personal property of the bankrupt, and nine days after the execution creditor had directed the sheriff to sell. Held, that the lien of the creditor was good. P. 52.

66 F.2d 561 reversed.

Certiorari, 291 U.S. 654, to review the affirmance of an order denying preference to an execution creditor’s lien on a fund resulting from a sale of the goods by the debtor’s trustee in bankruptcy. The order overruled an allowance of the priority by the referee.