Robertson v. Forest

Decided January 15, 1811

Supreme Court of South Carolina · decided 1811-01-15

<p>The lodgment of a writ of foreign attachment in the sheriff’s office, creates no lien in favor of the attaching creditor. The writ of attach» ment first executed is entitled to priority, in regard to the effects attached’</p>

Decided 1811-01-15

¶1Motion to reverse a decision of Waties, J., in Charleston. The unanimous opinion of the court was, that the mere suing out a writ of foreign attachment, and lodging the same in the sheriff’s office, without any service of the same, creates no lien on the pro. perty or credits of the absent debtor, nor gives any preference to that creditor who shall first do so ; but that the creditor, who shall first cause his attachment to be levied or served, shall be entitled to a preference to other attaching creditors, to satisfaction out of the effects attached. Vide the cases of Crowninshield v. Strobel and Martini, and Strobel v. Strobel and Martini, decided in May, 1806, 2 vol. 80.