Williamson v. Gayle
Supreme Court of Virginia
This was a proceeding by foreign attachment, commenced in 1839, in the Circuit court of chancery for the county of Henrico, by Robert C. Williamson against Levin G-ayle, an absent defendant, and John Minor Botts.
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This was a proceeding by foreign attachment, commenced in 1839, in the Circuit court of chancery for the county of Henrico, by Robert C. Williamson against Levin G-ayle, an absent defendant, and John Minor Botts. The bill charged that Gayle was indebted to the complainant in the sum of 273 dollars 40 cents, with interest; that he resided out of the State of Virginia, and that John M. Botts of the county of Henrico had in his possession a blooded mare, the property of Gayle; and making Gayle and Botts defendants, the complainant asked that the mare in the possession of Botts might be subjected…
1Opinion of the CourtBaldwin, J.
I deem it unnecessary in this case to consider whether the defendant Botts has a common law lien upon the attached property, such as that of an ^innkeeper upon the horse of his guest, of a carrier upon goods bailed to him for transportation, or of an artizan in whose hands an .article has been enhanced by his skill and labour. However that may be, I think that for so much of his account as has been proved, he is entitled to priority of satisfaction over the plaintiff.
A creditor proceeding by foreign attachment can stand upon no better footing than his absent debtor, whose moneys, goods or…
2Cited by5 opinions
- Gregg v. SloanSupreme Court of Virginia · 1882
- Lancaster v. WilsonSupreme Court of Virginia · 1876
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- Schofield v. CoxSupreme Court of Virginia · 1852