Lowry v. Wright
Illinois Supreme Court
On the 22d of November, a. d., 1852, the complainants Lowry and Filley, filed a bill against the defendants Wright, Duncan, and Foster, in which it is alleged that Wright was, on the 31st of January, 1852, by contract with Duncan, the owner of the legal or equitable title to lot No. 13 in block 21, in town of Waverley, in county of Morgan; on which lot was a house and other improvements made by Wright, who was in possession of the same; that Lowry and Filley respectively had…
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On the 22d of November, a. d., 1852, the complainants Lowry and Filley, filed a bill against the defendants Wright, Duncan, and Foster, in which it is alleged that Wright was, on the 31st of January, 1852, by contract with Duncan, the owner of the legal or equitable title to lot No. 13 in block 21, in town of Waverley, in county of Morgan; on which lot was a house and other improvements made by Wright, who was in possession of the same; that Lowry and Filley respectively had separate writs of attachment issued against the property of said Wright on said day; that they were instantly levied on…
1Opinion of the CourtCaton, J.
The only question in this case is, Whether an attachment can, under our Statute, be levied upon an equitable interest in land? A question somewhat similar to this has been decided at this term in the ease of May v. Baker, ante, p. 89. It was there decided that an equitable interest in a debt could not be attached in the hands of a garnishee. As was said in that case, this is a proceeding not in conformity to the common law, but is created by statute, and is in derogation of the common law; and whatever is done under this proceeding must find its sanction in the statute, if it is to be…
2Cited by3 opinions
- West v. SchneblyIllinois Supreme Court · 1870
- City of Chicago v. HittIllinois Supreme Court · 1929
- Farrar v. PayneIllinois Supreme Court · 1874