Folger v. His Creditors

Cal. District Court

Folger v. His Creditors

1 Cal. Dist. Ct. 6

DecidedApril 15, 1857

StatusPublished

This text of 1 Cal. Dist. Ct. 6 (Folger v. His Creditors) is published on Counsel Stack Legal Research, covering California District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Folger v. His Creditors, 1 Cal. Dist. Ct. 6 (Cal. Super. Ct. 1857).

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Opinion

A suit having been brought against Folger and his property attached, Folger subsequently filed his petition in insolvency and his assignee sought to have the property thus previously attached delivered to him for the creditors in general, on the ground that no lien was created thereupon under the provisions of the statute in Insolvency.

Judge Norton held that a previous attachment lien survived the surrender, and could be enforced against the specific property attached and was one of those liens provided for in the Insolvent law. He regarded the conflicting decisions cited on this point as referring to the U. S. Bankrupt law and not applicable to this ease in question.

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A suit having been brought against Folger and his property attached, Folger subsequently filed his petition in insolvency and his assignee sought to have the property thus previously attached delivered to him for the creditors in general, on the ground that no lien was created thereupon under the provisions of the statute in Insolvency.

Judge Norton held that a previous attachment lien survived the surrender, and could be enforced against the specific property attached and was one of those liens provided for in the Insolvent law. He regarded the conflicting decisions cited on this point as referring to the U. S. Bankrupt law and not applicable to this ease in question.

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Bluebook (online)

1 Cal. Dist. Ct. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/folger-v-his-creditors-caldistct-1857.