Briley v. Madrid Improvement Company

The only issue before us in this appeal is whether the trial court erred in granting lien priority to judgment creditors who caused garnishment to be levied against moneys or credits due the debtor on a real-estate contract, which contract had been assigned and deposited as collateral security for payment of debtor’s note to the appellant bank.

I. As a general rule, an attachment or garnishment is effective only to the extent of the debtor's interest in the property attached, and the lien does not displace prior equities or rights. The right first acquired is, as a rule, superior. It is…