Assigned Estate of Bitner & Wife
Assigned Estate of Bitner & Wife
Opinion of the Court
Abraham Bitner was the owner of two pieces of land at and for some time before his assignment. Several dwelling houses and a greenhouse were erected on one of them, and the other seems to have been unoccupied. Hostetter had a judgment against Bitner which was the first lien on both lots. Then followed four other judgments which were liens on both lots. Bitner undertook to erect several new greenhouses on the second lot, and at about the time he began operations he procured from the four judgment creditors whose liens were subsequent to that of Hostetter a release of that lot from the lien of their judgments. Mechanics’ liens were afterwards entered against the new greenhouses and the lot on which they were erected. Bitner assigned both lots for tire benefit of his creditors and they have been sold by his assignee.
The question now raised is whether the mechanic’s lien creditors have an equitable interest in the proceeds of the new greenhouse lot superior to that of the four judgment, creditors who have released the lien of their judgments from it. The
The judgment is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.