H. B. Claflin Co. v. Bretzfelder
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court. John M. Elliott, Chancellor. An equity of redemption in mortgaged or pledged chattels cannot be reached under execution or attachment. 42 Ark. 236; 58 Ark. 289-291; 64 Ark. 213; 17 Mich. 141. Whether appellee claims the shares under an attachment or an attachment-garnishment depends solely upon the acts of the officers under her writ, and is immaterial. Shinn, Attach. § 314; Drake, Attach.
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Appeal from Jefferson Chancery Court. John M. Elliott, Chancellor. An equity of redemption in mortgaged or pledged chattels cannot be reached under execution or attachment. 42 Ark. 236; 58 Ark. 289-291; 64 Ark. 213; 17 Mich. 141. Whether appellee claims the shares under an attachment or an attachment-garnishment depends solely upon the acts of the officers under her writ, and is immaterial. Shinn, Attach. § 314; Drake, Attach. (4th Ed.), § 424. The only evidence of this is Ms return. 40 Ark. 141. As to law governing seizure and sale of shares of stock under an order of attachment at that…
1Opinion of the CourtBattle, J.
The property in controversy in this action “is 342 shares of the capital stock of the Standard Compress and Warehouse Company [which we shall hereafter call for convenience the ‘Compress Stock’], originally evidenced by certificates numbered 23, 52 and 86, which were issued to Rosenberg & Miller for 200, 100 and 42 shares, respectively; and 420 shares of the capital stock of the Park View Land Company [which we shall hereafter call for convenience ‘Park View Stock’]’ which were originally represented by certificates numbered 15, 16 and 17, issued to Felix M. Rosenberg for 100, 60 and 50…
2Cases cited7 opinions
- Insurance Co. of North America v. Friedman Bros.Texas Supreme Court · 1889
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Citizens' Bank v. Dows & Co.Supreme Court of Iowa · 1886
- Jennings v. McIlroySupreme Court of Arkansas · 1883
- Adler-Goldman Commission Co. v. People's BankSupreme Court of Arkansas · 1898
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3Cited by2 opinions
- Bacon v. Traders Oil Corp.California Court of Appeal · 1921
- Cook v. MartinSupreme Court of Arkansas · 1905