Byall v. Rigdon

Citations

• 29 Del. 544
• 6 Boyce 544
• 100 A. 835
• 1917 Del. LEXIS 24

Syllabus

<p>1. Attachment—Dissolution—Intervention by Third Person—Nature and Form of Remedy.</p> <p>The questions raised by a petition of interveners praying for rule to show cause why an issue should not be granted to determine the ownership of corporate stock attached as the property of defendant or that an order be made dissolving the attachment can properly be determined only in equity where all the facts can be ascertained and all the parties Brought in and their rights adequately protected, so that the petition for the rule should be dismissed, without decision.</p> <p>2. Attachment—Dissolution—Intervention by Third Person—Nature and Form of Remedy.</p> <p>The contention that, the interveners having caused the stock to be transferred on their books, they are thereby estopped from denying defendant’s ownership as against attachment creditor, being independent of the question of ownership, and it being contended by the petitioners that there was no consideration for the transfer, was also a proper question for the determination of a court of equity.</p>