Legal Opinion

Fouke v. Fleming

Court of Appeals of Maryland

Decided May 31, 1859PublishedCited by 37 opinions

Appeal from the Circuit Court for Washington county. Attachment' on warrant, issued ori the 6th of March 1857,' at the instance of the appellees, against Israel Russell, a nonresident debtor. The claim stated in the writ is $629.41. The writ, was laid on the 7th of March 1857, on two canal boats, as the property of the defendant Russell.

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Appeal from the Circuit Court for Washington county. Attachment' on warrant, issued ori the 6th of March 1857,' at the instance of the appellees, against Israel Russell, a nonresident debtor. The claim stated in the writ is $629.41. The writ, was laid on the 7th of March 1857, on two canal boats, as the property of the defendant Russell. The appellant, Fouke, came in and claimed the property under the following deed from Russell to him: “This deed, made this 30th day of January, in the year 1857, by Israel Russell of Jefferson county, in the State of Virginia, witnesseth¡” It then recites…

1Opinion of the CourtEccleston, J.

In this case an attachment was issued, at the instance of theappellees, out of the Circuit court for Washington county, in March 1857, against Israel Russell, and was laid on two canal-boats.

*403The attachment being returned, Isaac Fouke, the appellant, appeared as claimant of the property attached, asserting his claim, under a deed made to him by said Russell, prior to the issuing of the attachment.

At the trial, in support of his claim, the appellant offered the deed from Russell, bearing date the 30th of January 1857, for the two canal boats, and other articles of personal property. It was…

2Cases cited4 opinions

  1. Thomas v. TrieberCourt of Appeals of Maryland · 1852
  2. Field v. AdreonCourt of Appeals of Maryland · 1854
  3. Hall v. Gittings's LesseeCourt of Appeals of Maryland · 1806
  4. Carroll, Ex'r. v. TylerCourt of Appeals of Maryland · 1827

3Cited by37 opinions

  1. Evans v. BrowneIndiana Supreme Court · 1869
  2. Division of Howard CountySupreme Court of Kansas · 1875
  3. State ex rel. Reed v. JonesWashington Supreme Court · 1893
  4. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  5. Berry v. Baltimore & Drum Point RailroadCourt of Appeals of Maryland · 1875

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