Simon v. Majestic Apartment House Co.
Simon v. Majestic Apartment House Co.
Opinion of the Court
The decree appealed from was made in the exercise of the chancery powers of the court. It does not deprive the appellant of his right to have his execution satisfied out of the proceeds of the sale of the personal property of the Majestic Apartment House Company if he has such right. The bond given by the Fidelity Title and Trust Company insures the payment for said property of a sum largely in excess of what will be required to pay the appellant if he has the preference which he
Reference
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- Simon v. Majestic Apartment House Company
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- Syllabus
- Equity — Equity practice — Conflicting lien claims — Execution— Preliminary injunction — Appeals—Supreme Court. • 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.