Gott v. Hoschna
Michigan Supreme Court
Appeal from Wayne. (Speed, J.) Bill to set aside attachments. Defendant appeals. JBoese v. King 78 N.. T. 471, holds an assignment valid which was based upon a statute which was inoperative, and overrules same case r 17 Hun 270; the apparent title in one who claimed title under an execution deed on an attachment subsequent to the attachment of the complainant, was a cloud: Lioh v. Ray 43 Cal. 83; where defendant persisted in the intention to sell land on an attachment lien…
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Appeal from Wayne. (Speed, J.) Bill to set aside attachments. Defendant appeals. JBoese v. King 78 N.. T. 471, holds an assignment valid which was based upon a statute which was inoperative, and overrules same case r 17 Hun 270; the apparent title in one who claimed title under an execution deed on an attachment subsequent to the attachment of the complainant, was a cloud: Lioh v. Ray 43 Cal. 83; where defendant persisted in the intention to sell land on an attachment lien which had expired, it was held that equity had jurisdiction to re-'’"' move the cloud, and to prevent a shade being cast…
1Opinion of the CourtCampbell, J.
This was a bill filed in the circuit court for the county of Wayne, to set aside attachment proceedings levied on the lands of the debtor, which were covered ' by the assignment.
Joseph Kuhn, on the 4th of February, 1884, made a general ¡ assignment to complainant, who accepted the trust, and! entered on its duties in proper time. The attachment of de-; fendant was levied within ten days after the assignment, ■contrary to the terms of section 8739, Howell’s Compilation, which declares that such levy shall not be valid.
Defendant relies on some objections against the assignment itself, which…
2Cited by3 opinions
- Emerson v. Detroit Steel & Spring Co.Michigan Supreme Court · 1894
- Multiplex Concrete MacHinery Co. v. SaxerMichigan Supreme Court · 1945
- Peterson v. SwenningstonMichigan Supreme Court · 1913