Taylor v. Horsey

5 Del. 131

Opinion

But the court refused the nonsuit on both grounds taken by Mr. Cullen.

The Court:

The writ of fi. fa. binds the debtor’s property from the time of its issue, so as to avoid any transfer of property, even before actual levy; though it may not give the sheriff such a right of property as to enable him to maintain trover- or replevin, until actual levy.

The plaintiff finally had a verdict.