Warren v. the Iscarian Cmty..
| Decision Date | 31 December 1854 |
| Citation | 6 Peck 114,1854 WL 6464,16 Ill. 114 |
| Parties | CALVIN A. WARRENv.THE ISCARIAN COMMUNITY. |
| Court | Illinois Supreme Court |
16 Ill. 114
1854 WL 6464 (Ill.)
6 Peck (IL) 114
CALVIN A. WARREN
v.
THE ISCARIAN COMMUNITY.
Supreme Court of Illinois.
December Term, 1854.
PRACTICE--ATTACHMENTS--DISTRIBUTION.
Where two or more attachments are issued against a debtor, returnable to the same term, the creditors will share in the proceeds of the property attached, in proportion to their respective demands.
CITED: 16 Ill. 120; 39 Ill. 43; 42 Ill. 100.
Attachment--Distribution. See Pollack v. Slack, 92 Ill. 221; Mech. Law. Inst. v. Givens, 82 Ill. 157; McCoy v. Schnellbacker, 2 Bradw. 582; Starr & C. Ill. Stat. 325 (Ch. 11, ¶ 37), notes.
It is the duty of the court in such case to direct the clerk to make an estimate of the several amounts to be paid each creditor, and certify the same to the sheriff, who must make payment accordingly.
This estimate should not be made until the sheriff receives the money.
All creditors in attachments, which are returnable to the same term, are entitled to share pro rata in the proceeds, although they may not obtain judgments at the same term.
If property attached is sold before all the attachments are disposed of, the court should order the sheriff to retain the proceeds until an order of distribution can be made.
Where two attachments were returned to the same term, and a change of venue in one case, and a judgment at the return term in the other, and the property attached was sold under the first judgment, the sheriff might be directed to retain the proceeds derived from the sale of the attached property until the further order of the court; but the purchaser under the first sale, will hold the premises.
The fact that no order was made for the distribution of the proceeds, will not operate to the prejudice of the purchaser, under the sale upon the attachment.
If one or two attaching creditors under such circumstances, has received too large a share, the matter must be adjusted in a proceeding between them.
[16 Ill. 115]
THIS cause was heard and decided before WALKER, Judge, at the October term, 1854, of the Hancock Circuit Court.WARREN and EDMUNDS, for Plaintiff in Error.WHEAT and GROVER, for Defendants in Error.
TREAT, C. J.
This was action of ejectment, brought by Warren against the Iscarian Community, to recover the possession of a tract of land in Hancock county. It was heard by the court on the following state of facts.
Hunter was in possession of the premises in 1842, claiming title thereto under a deed from Foster; and he continued in possession until the...
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