Hambley v. . White

Stacy, C. J.,

after stating tbe case: We bave no hesitancy in affirming tbe judgment in so far as.it requires tbe First National Bank of Jackson, Tenn., to come in and litigate its. claim, if any it has, to tbe funds held under attachment in tbe present proceedings. Temple v. Hay Co., 184 N. C., 239; Freeman v. Howe, 65 U. S., 450.

Tbe general rule is, that one claiming a paramount right to property taken in attachment, which, if valid, would defeat tbe plaintiff’s suit, must assert such right in tbe court first acquiring jurisdiction over tbe property. Taylor v. Carryl, 61 U. S., 583; Peck v.…