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316 COOMBS v. JORDAN.
in all such cases, where this or any other species of property has
been fraudulently or unjustly placed beyond the reach of creditors,
a court of equity will interpose and give relief, by setting aside any
fraudulent conveyance which may stand in the way; and by order-
ing the stock to be sold for the benefit of such judgment creditor, (i)
Besides those embarrassments as to the liability of property to be
taken in execution arising out of its nature, considered as real or
personal; corporeal or incorporeal, there are others occasioned by
the peculiarity of the title to it, or the interest of the party against
whom the judgment has been obtained.
A rent seek is a species of realty, and may be, in some sense,
regarded as the profits of land; yet since it is intangible, and utterly
incapable of any manual seizure, or of being taken into the custody
of the sheriff; and as a bare rent cannot be delivered ut liberum ti-
nementum, it cannot be taken and sold under a fieri facias, (j)
The same reason would seem to apply to all mere charges, incum-
brances, or beneficial privileges on land. As where a father, by
his will, after devising his lands to his sons, gave his daughter the
right, privilege and liberty, of residing in the houses and using and
cultivating the land in common with his sons, so long as she
remained single; (k) or where a testator gave his wife a home at
his mansion-house until his son should attain his full age; (1) or
where he gave his land to his son in fee, upon condition, that he
should maintain his daughter, or pay her sixty pounds annually
during her natural life, (m) These charges were held to be liens
upon the land; but as an execution cannot be levied on a lien
which a 'judgment creditor has obtained upon the lands of his
debtor, because a lien gives no title to the thing, or interest in the
land itself, but merely a power, by levying an execution upon it to
have it sold or applied in satisfaction of the claim, (n) it would
seem, that none of those peculiar liens could be taken and sold
under a fieri facias; and consequently, that no judicial lien could
attach upon any such pre-existing lien.
my have in the capital or joint stock of any corporation, or in the debt of any cor-
poration transferable on its books, may be taken and sold in the manner therein
prescribed. But whether a lien fastens upon any such property from the date of the
judgement or only from the delivery of the fieri facias to the sheriff, or otherwise,
remains to be determined.—(t) Horn v. Horn, Amb. 79; Caillaud v. Estwick, 2
Anstr. 381; Denton v. Livingston, 9 John. 96; Hadden v. Spader, 20 John. 554.—
(f) Powel Mortg, 599, note W.—(k) Warfield v. Gambrill, 1 G. & J. 503.—(l)
Addison v. Bowie, 1 Bland, 606.—(m) Rebecca Owing's case, 1 Bland, 290.—(n)
v. Stevenson, 6 H. & J. 267.
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