Cromwell v. Owings
Court of Appeals of Maryland
Fieri eacias issued on a decree rendered in this court at June term 1823, returnable at December term 1823. The fieri facias was laid on certain tracts of land, and goods and chattels; and the goods and chattels were replevied and taken out of the possession of the sheriff, under a writ of replevin issued out of Baltimore county court, at the instance of Jacob Iiol» derman, directed to some one oí the coroners of the county.
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Fieri eacias issued on a decree rendered in this court at June term 1823, returnable at December term 1823. The fieri facias was laid on certain tracts of land, and goods and chattels; and the goods and chattels were replevied and taken out of the possession of the sheriff, under a writ of replevin issued out of Baltimore county court, at the instance of Jacob Iiol» derman, directed to some one oí the coroners of the county. The sheriff returned the writ of fieri facias laid as per schedule, and the goods and chattels replevied. Motion on the part of the plaintiffs for a writ of venditioni…
1Opinion of the Court
Buchanan, Ch. J.
at this term, delivered the opinion of the court. The main question directly presented by this motion is, whether goods taken by a sheriff in virtue of a writ of fieri facias, out of the possession of the defendant in the execution^. *57can be replevied by a stranger to the judgment and execution. It is a question of considerable importance to the citizens of the stale, and now for the first time brought before this court for consideration, and it assumes a character the more imposing, from the circumstance that different opinions are understood to have been entertained by…
2Cases cited1 opinion
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- Corner v. MackintoshCourt of Appeals of Maryland · 1878
- First National Bank v. Corporation Commission of North CarolinaCourt of Appeals of Maryland · 1932
- Ginsberg v. PohlCourt of Appeals of Maryland · 1872
- State ex rel. Vanderworker v. BrownCourt of Appeals of Maryland · 1880
- Fidelity & Deposit Co. v. SingerCourt of Appeals of Maryland · 1901
1 more not listed; retrieve them via the Exa API.