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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 204   View pdf image (33K)
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204 ATTACHMENTS. [ART. 9

An undivided interest in land may be attached, and if in the meantime a
decree for sale for the purpose of partition has been passed, the lieu of the
attachment is transferred to the defendant's interest in the proceeds of sale
in the hands of the trustee. Western National Bank v. National Union Bank,
91 Md. 613.

Where A. conveys all his property to a trustee for the benefit of creditors,
he has no interest left liable to attachment. Houston v. Noland, 7 G. & J.
491.

A plaintiff may lay an attachment in his own hands as garnishee. and
proceed to condemnation as against a third person. Owens v. Crow, 62 Md.
498.

As to the attachment of corporate stock, see art. 23, sections 50 and 51;
sec. 68, et seq.; and sec. 92.

As to the attachment of goods in the hands of a carrier, see art. 14. sections
24 and 33. As to the attachment of goods in the hands of a warehouseman,
see art. 14 A., sections 25 and 42.

As to the attachment of goods in the hands of a baillee, for which a nego-
tiable document of title has been issued, see art. 83, sec. 60.

The money or benefit paid by a fraternal beneficiary society, order or asso-
ciation—see art. 23, sec. 229. et seq.—is exempt from attachment—art. 23, sec.
236. See also, art. 45, sec. 9.

The landlord's lieu upon crops reserved as rent, is not divested by process
of law against the tenant—art. 53, sec. 22.

It is unlawful to assign claims to non-residents for the purpose of attach-
ment, or to deprive the debtor of his exemption—art. 83, sec. 15.

1904. art. 9, sec. 11. 188S. art. 9. sec. 11. 1860, art 10, sec. 12. 1715, ch. 40,
sections 3-7. 1854, ch. 75, sec. 1.

11. Every attachment issued under the preceding sections shall
contain a clause commanding the sheriff or other officer, at the time of
executing the said attachment, to make known to each person in whose
hands or possession the lands, tenements, goods, chattels, and credits
so attached are, if to him it shall seem meet, to be and appear on the
return of such attachment before the court out of which it issued, to
show cause why such lands, tenements, goods, chattels or credits so
attached should not be condemned and execution thereof had and made
as in other cases of recoveries and judgments given in courts of record

corporation may be made garnishee. and a service upon its officers and
directors is sufficient notice. Boyd v. G. & O. Canal Co.. 17 Md. 195.

If the garnishee is duly served he is bound, though he does not understand
that he must appear, etc. Friedenrich v. Moore, 24 Md. 307; McCoy v. Boyle,
10 Md. 396. See also, Windwart v. Allen. 13 Md. 196; Anderson v. Graff, 41
Md. 601.

A separate suit should he docketed against each garnishee. Farmers' Bant
v. Brook. 40 Md. 257. See also. Berry v. Matthews. 13 Md. 558.

This section referred to in construing sections 10 and 35—see notes thereto.
Harris v. Balk. 198 U. S. 215.

Ibid. sec. 12. 1SSS. art. 9. sec. 12. 1860, art. 10. sec. 13.
1715. ch. 40, sec. 3.

12. If neither the defendant nor the garnishee in whose hands the
property or credits may be attached shall appear at the return of the
attachment, the court shall and may condemn the property and credits
so attached, as provided in section 13, and award execution thereof;
provided, that no such execution shall issue unless the plaintiff give
bond or sufficient security before the court awarding the execution to
make restitution of the lands, tenements, goods, chattels or credits so
as aforesaid condemned, or the value thereof, if the defendant shall at

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 204   View pdf image (33K)
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