Hall v. Richardson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued at the instance of the appellants, on the 24th of February 1857, against Howard &. Poor, a firm doing business in Alexandria, Virginia. Under this writ, the sheriff, on the 26th of February 1857, attached “as per schedule,” one hundred barrels of flour, as the property of Howard & Poor, the flour being, at the time, in the hands of Ford &■ Rogers.
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Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued at the instance of the appellants, on the 24th of February 1857, against Howard &. Poor, a firm doing business in Alexandria, Virginia. Under this writ, the sheriff, on the 26th of February 1857, attached “as per schedule,” one hundred barrels of flour, as the property of Howard & Poor, the flour being, at the time, in the hands of Ford &■ Rogers. Howard & Poor then filed a petition, asking that the attachment might be quashed, so far as this flour was concerned, on the ground that it did not belong to them or…
1Opinion of the CourtTuck, J.
We are of opinion that the court properly admitted the appellee to appear and assert title to the property in dispute. There had, it is true, been a sale of the flour, and the appellants had received the money from the sheriff, but the order of sale expressly provided that the sheriff should “hold the proceeds subject to the ultimate decision of this cause,” and when the court permitted the appellants to have the use of the money, on giving bond with sureties, it was not intended to change the nature of the fund, or to deprive a claimant, if he pro.ved successful in his suit, of the benefits…
2Cases cited5 opinions
- Keener v. HarrodCourt of Appeals of Maryland · 1852
- Atwell v. MillerCourt of Appeals of Maryland · 1854
- Trieber v. BlocherCourt of Appeals of Maryland · 1856
- Van Brunt v. PikeCourt of Appeals of Maryland · 1846
- Clary v. FrayerCourt of Appeals of Maryland · 1837
3Cited by9 opinions
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
- Jones v. Mechanics BankCourt of Appeals of Maryland · 1868
- Kelsea v. Ramsey & Gore Manufacturing Co.Supreme Court of New Jersey · 1893
- Hopkins v. CowenCourt of Appeals of Maryland · 1899
- Lochnar v. StateCourt of Appeals of Maryland · 1910
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