Homans v. Coombe

U.S. Circuit Court for the District of District of Columbia

Homans v. Coombe

3 D.C. 365

CourtU.S. Circuit Court for the District of District of Columbia

DecidedDecember 15, 1828

StatusPublished

This text of 3 D.C. 365 (Homans v. Coombe) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Homans v. Coombe, 3 D.C. 365 (circtddc 1828).

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Opinion

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

1st. 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.

2d. 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.

The plaintiff became nonsuit.

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

1st. 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.

2d. 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.

The plaintiff became nonsuit.

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Bluebook (online)

3 D.C. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homans-v-coombe-circtddc-1828.