Homans v. Coombe

Decided December 15, 1828

Attachment, by way of execution, upon a judgment recovered by Homans against Zantzinger, for balance due upon a building contract. The attachment was served upon credits in the hands of G. Coombe, who was summoned as garnishee, and pleaded nulla bona. The building contract was dated 17th September, 1816, but not acknowledged and recorded until the 14th of May, 1817.

Decided 1828-12-15

¶1The Court (Theuston, J., absent,) was of opinion that the issue must be found for the garnishee :

¶21st. Because the Act of Maryland, 1791, c. 45, § 10, gives a remedy in rem only, and this is a proceeding in personam; and if the issue be found for the plaintiff, the defendant will be personally liable.

¶32d. Because the deed of trust under which the garnishee claims, was a legal incumbrance, made prior to the commencement of the plaintiff’s claim to the lien, which commenced only at the time of the recording of the contract.

¶4The plaintiff became nonsuit.