Atwood v. Pierson
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Claim interposed by Pierson, as trustee for his wife, to certain articles of furniture, &c., levied on by attachment, at the suit of Atwood, as the goods of Pierson. The attachment was levied the 7th November, 1844, aud the claim seems to have been interposed in February afterwards, as the claim bond is dated in that month. The affidavit for the claim is not in the transcript.
Read the full summary
Error to the Circuit Court of Wilcox. Claim interposed by Pierson, as trustee for his wife, to certain articles of furniture, &c., levied on by attachment, at the suit of Atwood, as the goods of Pierson. The attachment was levied the 7th November, 1844, aud the claim seems to have been interposed in February afterwards, as the claim bond is dated in that month. The affidavit for the claim is not in the transcript. At the trial of the right of property, it was in evidence, the attachment was levied the 7th November, 1844. The deed of trust under which the claimant made Jtitle, was executed…
1Opinion of the CourtGoldth Waite, J.
1. The question presented by this record is entirely novel, but is one of such important bearings in many respects, that it deserves to be most carefully considered. It may be conceded, when property is attached, or seized under execution, it is at once within the custody of the law, tbut does it also follow, that the rights of the true owner are so entirely divested, as to render any contract invalid to pass his title to another Tj It may be as well to examine the principle asserted, in the first instance, in connection with the debtor - whose estate is thus seized. The right which the…
2Cases cited3 opinions
- Foster v. GoreeSupreme Court of Alabama · 1843
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Wier v. DavisSupreme Court of Alabama · 1842
3Cited by2 opinions
- Ware's Adm'r v. RussellSupreme Court of Alabama · 1881
- Byers v. EnglesSupreme Court of Arkansas · 1855