Hazard v. Franklin
Supreme Court of Alabama
■Error to the Circuit Court of Mobile. This was a suit, commenced by attachment, by John B. Hazard, against one' Daniel Stowe, in which the defendant in error was summoned as garnishee.
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■Error to the Circuit Court of Mobile. This was a suit, commenced by attachment, by John B. Hazard, against one' Daniel Stowe, in which the defendant in error was summoned as garnishee. On the 5th April, 1838, the garnishee appeared and made his answer in writing; in which he stated that he was the trustee in a deed of trust, executed by Stowe for the benefit of his creditors; that he had received property and money to a considerable amount, which he had disposed of as directed by the deed ; and then had in his hands eight hundred and fifty dollars. He also stated, that a bill in Chancery had…
1Opinion of the Court
ORM0ND, J.
— The counsel for the defendant in error maintains that the deed of trust, under which the property sought to be reached by this garnishment, was held by the garnishee, cannot be impeached collaterally, and can only be declared void in a direct proceeding, having that for its object. It is the practice of every day, to try the validity of a deed by levying an execution on the property conveyed by it; and we can perceive no reason why the same object should not be accomplished by a garnishment. But the precise point has been determined by this Court in the case of Richards vs.…
2Cited by10 opinions
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
- White v. BanksSupreme Court of Alabama · 1852
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Williams v. Hill, McLane, & Co.Supreme Court of the United States · 1857
- Roby v. LabuzanSupreme Court of Alabama · 1852
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