- Petitioner
- J. J. Peterson
- Respondent
- Charles P. Newberry
- Citation
- G.R. No. 2698
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Carson, J.
- Decided
- May 5, 1906
Summary
Sheriff Peterson filed interpleader action to determine priority among three judgment creditors claiming proceeds from debtor Fulgencio Tan Tongco's property levy totaling P3,632.62. Trial court awarded funds to Newberry based on first execution filing. Supreme Court reversed, applying Civil Code Article 1924 which prioritizes judgment creditors by age of judgment, not execution date. American Bank, having earliest judgment (December 23, 1902), received entire proceeds as Theodore Rogers' assignee. Case establishes precedent that Civil Code preferred creditor provisions remain applicable in distribution proceedings despite Code of Civil Procedure enactment, and that judgment date, not execution timing, determines creditor priority in fund distribution.