Lewis v. Levy
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. The bill in this case, filed on the 15th of January 1857, by the appellee against the appellants, sets up the mortgage of the 15lh of December 1856, from Charlotte Levy to the complainant, referred to in the preceding case of Rich, et al., vs. Levy, et al., and alleges that the defendants, Lewis, Bros. & Co., as judgment creditors of said Charlotte, had, on the 13th of January 1857, issued an. execution on their judgment and…
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Appeal from the Circuit Court for Baltimore City. The bill in this case, filed on the 15th of January 1857, by the appellee against the appellants, sets up the mortgage of the 15lh of December 1856, from Charlotte Levy to the complainant, referred to in the preceding case of Rich, et al., vs. Levy, et al., and alleges that the defendants, Lewis, Bros. & Co., as judgment creditors of said Charlotte, had, on the 13th of January 1857, issued an. execution on their judgment and caused the same to be levied on the goods covered by said mortgage in the store of the said Charlotte, and though the…
1Opinion of the CourtTuck, J.
The appellants have suggested one ground of error in the present record that we think conclusive of the case; we need not, therefore, express any opinion as to the other points so fully argued.
There is nothing here which distinguishes the case from many others, in which it has been held that an injunction will not lie. The complainant, claiming goods in a store, on which the appellants levied an execution against a third party, under whom the complainant asserts title, seeks the restraining process of equity to prevent their being sold under that writ. The bill does not show that the property…
2Cases cited1 opinion
- Bridges v. McKennaCourt of Appeals of Maryland · 1859
3Cited by5 opinions
- Niller ex rel. Hirschman v. JohnsonCourt of Appeals of Maryland · 1867
- Banks v. BuseyCourt of Appeals of Maryland · 1871
- Welde v. ScottenCourt of Appeals of Maryland · 1882
- McCreery v. SutherlandCourt of Appeals of Maryland · 1865
- Muir v. HowellNew Jersey Court of Chancery · 1883