Green v. Gross
Nebraska Supreme Court
Appeal from Nemaha comity. Tried below before Pound, J. The opinion states the ease. 1. The attachment can only operate upon the rights of Bunn existing when it was made. The purpose of an attachment is simply to secure to the creditor the property which the debtor had at the time it -was made so that it may be sold to satisfy the debt after judgment is obtained. If Bunn had no right to or interest in the land at the time, then Gross acquired none by his attachment.
Read the full summary
Appeal from Nemaha comity. Tried below before Pound, J. The opinion states the ease. 1. The attachment can only operate upon the rights of Bunn existing when it was made. The purpose of an attachment is simply to secure to the creditor the property which the debtor had at the time it -was made so that it may be sold to satisfy the debt after judgment is obtained. If Bunn had no right to or interest in the land at the time, then Gross acquired none by his attachment. Whatever right- Brown had as assignee was unchanged and unaffected by the attachment. Drake on Attachment, Bees. 219,220,227,…
1Opinion of the Court
Maxwell, Ch., J.
This is an action to quiet title. Judgment was rendered in the court below ’ in favor of the defendant and the action dismissed. The plaintiffs appeal to this court.
It appears from the record that about the 1st of January, 1878, one Jacob Bunn, a resident of Springfield, Illinois, being largely indebted, made a voluntary assignment of all his property to C. C. Brown for the benefit of all his creditors; that the assignment was made under the statute of Illinois, and was filed for record in the office of the recorder of deeds, of Sangamon county, in that state, on the 2d of…
2Cases cited4 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Townsley v. SumrallSupreme Court of the United States · 1829
- Hoadley v. StephensNebraska Supreme Court · 1876
3Cited by10 opinions
- Dorsey v. ConradNebraska Supreme Court · 1896
- Galley v. GalleyNebraska Supreme Court · 1883
- Gregory v. KenyonNebraska Supreme Court · 1892
- Schields v. HorbachNebraska Supreme Court · 1896
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.