American Exchange Bank v. Inloes
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Attachment on judgment sued out by the appellant, to affect the property and credits of Turnbull & Co., and laid in the hands of the appellee as garnishee, who appeared and pleaded nulla bona. Exception.
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Appeal from the Superior Court of Baltimore city. Attachment on judgment sued out by the appellant, to affect the property and credits of Turnbull & Co., and laid in the hands of the appellee as garnishee, who appeared and pleaded nulla bona. Exception. The judgment on which the attachment issued, was for $30,000, recovered on the 10th of May 1852, and it was admitted, that the garnishee, at the time of attachment laid and plea pleaded, had and continues to have in his hands, upwards of $37,000, the proceeds of sales and collections of claims as trustee under a deed of trust from Turnbull &…
1Opinion of the CourtMason, J.
We are of opinion that the question of the validity of the deed of trust from the Messrs. Turnbull to Inloes, is properly presented on this appeal.
The objection raised by the appellees to the present proceeding, namely, that the court of equity having assumed jurisdiction over the subject, has thereby ousted the court of law of the jurisdiction which it now seeks to exercise, cannot be sustained. The equity proceeding which has been set up as a bar to the present action, does not propose to assail the deed of trust, but on the contrary, it rests upon the assumption that the deed is valid, and…
2Cases cited6 opinions
- Meacham v. SternesNew York Court of Chancery · 1842
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
- De Forest v. BaconSupreme Court of Connecticut · 1818
- Kendall v. New-England Carpet Co.Supreme Court of Connecticut · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- National Park Bank v. LanahanCourt of Appeals of Maryland · 1883
- Keighler v. WardCourt of Appeals of Maryland · 1855
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.