Reynolds v. Howell

Citations

• 15 Del. 52

Syllabus

<p>QUESTIONS RESERVED FROM THE SUPERIOR COURT OF NEW CASTLE CO.</p> <p>Attachment. Practice.—The death of the garnishee under a fi. fa. attachment, after service of process but before answer or plea entered, dissolves the attachment and the property attached passes to the personal representatives of the garnishee as an asset for administration.</p> <p>Attachment. Lien.—In foreign attachment the seizure of the officer holds the property, and may be said to place the same in custodia legis, yet such seizure does not constitute a lien such as is made by execution process founded on a judgment, which is absolute—dependent on no contingency or condition.</p> <p>Same.—The lien by attachment process is wholly dependent upon the subsequent recovery of a judgment on an attachment process in accordance with the provisions of the statute, and upon execution sued out on such judgment the same may be levied upon property so attached, and the lien of the execution goes back and holds the property as of the date of the attachment.</p> <p>Same.—The attachment holds the property subject to be taken in execution upon a judgment subsequently recovered in an attachment proceeding and not till then becomes a fixed and permanent lien. If no judgment can be obtained, by reason of any matter which defeats or prevents the legal recovery, then such conditional lien is at once dissolved. No fixed lien can be had until judgment and execution.</p>