Brown Guano Co. v. Bridges

(After stating the foregoing facts). The defendant in error insists that the judgment was right because the fund in controversy, having been derived from the sale of real estate, was to be treated as realty, and as such was not subject to garnishment. We are unable to agree that money derived from the sale of real estate by executors should be considered different in character from any other money in their hands, where the question is merely whether it is subject to garnishment by a legatee’s creditors. On the theory of equitable conversion, the proceeds of real estate sold under a power of…