Ford v. Rigby

Terry, C. J., and Field, J., concurring.

Arnold leased some furniture to Burnes. During the lease, plaintiff bought it of Arnold, Burnes remaining in possession, and acknowledging plaintiff’s title. In this condition, it was levied on by Irwin, on process of Rigby against Arnold. Plaintiff filed this bill to enjoin the sale. Defendants made default, and plaintiff had 'judgment. The only question is, whether an injunction is proper under such circumstances. The question is not as to a levy on the estate of a lessee, for here the property was seized to pay the debt of a stranger to the title.…