Van Brunt v. Pike
Court of Appeals of Maryland
Appeal from Washington county court. This was an attachment, to compel the appearance of Gideon Freeborn, Mentor Perdue, and William E. Craft, trading under the firm of Gideon Freeborn Sp Co., at the suit of H. Pike and Ward, issued out of Frederick county court, on the 21st November 1842, and to recover the sum of $995.55, due from G. F. Sp Co. to the appellees. The attachment was laid upon eighty-three tons of pig iron, on the same day, as the property of the debtors.
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Appeal from Washington county court. This was an attachment, to compel the appearance of Gideon Freeborn, Mentor Perdue, and William E. Craft, trading under the firm of Gideon Freeborn Sp Co., at the suit of H. Pike and Ward, issued out of Frederick county court, on the 21st November 1842, and to recover the sum of $995.55, due from G. F. Sp Co. to the appellees. The attachment was laid upon eighty-three tons of pig iron, on the same day, as the property of the debtors. Henry Jam,eison appeared, by counsel, as the garnishee of G. F. Sp Co., having given counsel authority so to appear, but he…
1Opinion of the Court
Archer, C. J.,
delivered tire opinion of this court.
In the case of Wells, Miller, and Cooper, vs. Biscoe, Mss. decision of this, court at Dec’r T. 1844, it was decided, that where there was a bona fide sale of iron in the warehouse of the Ellicotts, and an order for the delivery thereof, which was accepted by them in favor of the vendee, the title of the vendee should prevail against a creditor of the vendor, who issued his attachment to affect such property, notwithstanding the act of 1834, ch. 79, this court being of opinion, that such a case was not embraced by the act of Assembly adverted…
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