Byles v. Rowe
Michigan Supreme Court
Appeal irom Kalamazoo. (Mills, J.) Bill by assignees to remove attachment and execution liens alleged to have been fraudulently obtained. Attaching creditor appeals. Decree granting relief prayed for affirmed by a divided Court. The facts are fully stated in the opinions.
1ConcurrenceOhamplin, J.
I concur in the result reached by Mr. Justice Sherwood. I place iny conclusion upon the complainants’ case made by the bill. I do not decide that a defendant in an attachment suit may neglect to take the steps provided by statute to obtain a dissolution of the attachment, and afterwards file a bill to set aside the lien on the ground of fraud; nor do I think he may, after levy of the attachment, convey the property to a third person, so as to confer upon him an equitable right to contest the validity of the attachment lien.
*532In this case the complainants are trustees, and represent the…
2Cases cited4 opinions
- Pierson v. ManningMichigan Supreme Court · 1852
- Rowe v. KelloggMichigan Supreme Court · 1884
- Folsom v. TeichnerMichigan Supreme Court · 1873
- Wilhelm v. BylesMichigan Supreme Court · 1886