Steers v. Daniel
United States Circuit Court
In Equity. The defendant Daniel, in January, 1878, leased from one Mitchell and from one Lea, for a period of six years, two parcels of land in Memphis, on Washington and High streets, upon which he erected a Morse Improved Tyler cotton compress, with necessary engines, boilers, machinery sheds, and buildings, to be used in compressing cotton bales.
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In Equity. The defendant Daniel, in January, 1878, leased from one Mitchell and from one Lea, for a period of six years, two parcels of land in Memphis, on Washington and High streets, upon which he erected a Morse Improved Tyler cotton compress, with necessary engines, boilers, machinery sheds, and buildings, to be used in compressing cotton bales. This press is of the most ponderous character, weighing many tons, and was fixed to the soil in the most substantial manner possible, with foundations let deeply into it, as it must be to be used at all. The necessary engines and other machinery…
1Opinion of the Court
Hammohd, D. J.
This case is to be decided upon the issues
made by Freeman’s cross-bill, and stands as if he had enjoined further proceedings upon the venditioni exponas. If a sale had taken place under that writ, Dawson, the exectition plaintiff, would be entitled to the money, no matter what kind of a title had been conveyed. Hutchman’s Appeal, 27 Pa. St. 209. On the other hand, Freeman can claim nothing under the Steers writ of attachment, and it is immaterial how the ease would stand as between Steers and Dawson, or what would have been the result of a controversy between the marshal, and…
2Cases cited14 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Potter v. . CromwellNew York Court of Appeals · 1869
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Kutter v. SmithSupreme Court of the United States · 1865
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3Cited by3 opinions
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