60 Pa. Super. 589 | Pa. Super. Ct. | 1915
Opinion by
. The fund for distribution in this case was the amount of a judgment obtained by John P. Willock v. Beaver Valley Railroad Company in an action for damages to a lot owned by the plaintiff in front of which the defendant had built a railroad track, on the street, the effect of which construction was a depreciation in the value of the plaintiff’s property which extended to the middle of the street and was occupied in part by the railroad. The fund was paid into court by. leave of court, and by agreement of the counsel representing all the parties in interest the court appointed an auditor to distribute the same among those legally entitled thereto. The claimants of the fund were W. S. .Creese, J. S. Stauffer and James Brown. The two former were judgment creditors of John P, Willock and the latter claimed by assignment from Willock through W.. S. Willock and Albert H. Jones. The Creese judgment was a lien on: the plaintiff’s property at the time of the construction of the road and remained a lien until the lot .was sold at sheriff’s sale. , All the lien creditors were paid except Creese and Stauffer. The Creese claim is based on the fact that the judgment was a lien on the property and..