Loftin v. Shackelford
Supreme Court of Alabama
Error to die County Court of Sumter. • The service of garnishment merely creates a lien on the fund attached for the benefit of the creditor, between whom and the garnishee, if the fund be liable, the relation of trustee and cestui que trust immediately springs up by operation of law. In the older States, at least in parts of New England, the garnishee is technically styled trustee after judgment, and the process is known as trustee process.
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Error to die County Court of Sumter. • The service of garnishment merely creates a lien on the fund attached for the benefit of the creditor, between whom and the garnishee, if the fund be liable, the relation of trustee and cestui que trust immediately springs up by operation of law. In the older States, at least in parts of New England, the garnishee is technically styled trustee after judgment, and the process is known as trustee process. The question at issue is, whether the party served with process holds any thing which by reason of the inability of the principal debtor to satisfy the…
1Opinion of the CourtChilton, J.
The answer of the garnishee in this case shows that he has funds in his hands belonging to the defendant in the judgment, Jesse F. Roan, being a balance of the proceeds of property conveyed to him in trust to secure a debt due him after satisfying the deed, but insists upon his right to appropriate that balance to the payment of a note made by said Roan to Stewart & Co. and which was due and owned by the garnishee at the time of the service of the process of garnishment. It appears, however, this note was transfered to him without endorsement and that consequently the legal title to the same…
2Cases cited2 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Smith v. RobinsonSupreme Court of Alabama · 1847
3Cited by6 opinions
- Wood v. SteeleSupreme Court of Alabama · 1880
- Paine v. WoolleyCourt of Appeals of Kentucky · 1882
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Wanzer v. Bennett R.Supreme Court of the United States · 1855
- Nesbitt v. WareSupreme Court of Alabama · 1857
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