ATTACHMENTS 361

the agent can force the company to proceed to collect. Md. Agricultural College v.
Baltimore, etc., Co., 43 Md. 438.

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 lien 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, secs. 67 and 68; sec. 85, et
seq.; and sec. 119.

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

As to the attachment of goods in the hands of a baillee, for which a negotiable
document of title has been issued, see art. 83, sec. 57.

The money or benefit paid by a fraternal beneficiary association—see art. 48A,
sec. 180, et seq.—is exempt from attachment—art. 48A, sec. 202. See also art. 45, sec. 9.

The landlord's lien upon crops reserved as rent, is not divested by process of law
against the tenant—art. 53, sec. 24.

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

Plaintiff may be garnishee. Deibert v. State, 150 Md. 691.

Attaching creditor may be plaintiff and garnishee as regards property of defendant
in creditor's possession. Rowan v. State, 172 Md. 196.

See notes to sec. 8.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1715, ch. 40, secs 3-7

1854, ch. 75, sec. 1.

11. Every attachment issued under the preceding sections shall con-
tain a clause commanding the sheriff or other officer, at the time of execut-
ing the said attachment, to make known to each person in whose hands or
possessions 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 attach-
ment 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.

It is always proper where a party is found in possession of lands or chattels that are
attached, that he should be returned as garnishee. The judgment of condemnation,
however, in such case is not against the garnishee but of the particular lands or chattels
attached, and a fieri facias goes to the sheriff commanding him to sell the property
De Beam v. De Beam, 119 Md. 426.

In view of this section and sec. 29, and of art. 75, sec. 182, service upon an em-
ployee of a firm which is intended to be made garnishees, is ineffective Wilmer v
Epstein, 116 Md. 144.

A corporation may be made garnishee, and a service upon its officers and direc-
tors insufficient notice. Boyd v. C. & 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 be docketed against each garnishee. Farmers' Bank v Brook
40 Md. 257. See also Berry v. Matthews, 13 Md. 558.

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

See notes to sec. 8.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1715 ch 40 sec 3

1924, ch. 343.

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 attach-
ment, 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