Ducker v. Wear & Boogher Dry Goods Co.

The Appellate Court properly dismissed the appeal on the ground that a freehold was involved. As between the plaintiff below, the attaching creditor, and the defendant, John J. Ducker, no freehold was involved. Where an attachment suit is begun, and the attachment writ is levied upon land, the plaintiff does not seek to get the title to the land, but to establish a lien thereon for the amount of his debt. It is true that, if nothing is done to arrest the suit, it will ultimately result in the loss of whatever title the debtor may have to the land; and yet no freehold is involved in such case,…