Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 270
Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 270
Illinois. Supreme Court
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& Eng. Ency. of Law, — 2d ed. — 214, and cases cited.) The rule also is, that the lien of an attachment does not exceed the actual interest the debtor had in the property at the time of the levy. It does not displace prior equities or rights but is subject to all equities to which the property was liable in the debtor's hands. (2 R. C. L. 857, 859, and cases cited.) In effect that has been the holding of this court in various decisions. In Hollenback v. Todd, 119 111. 543, it was held that if a... party claiming, by interpleader, the property attached, showed a purchase from the defendant in the attachment, it was immaterial whether the purchase was made by the party for himself or for his father, as in either event the plaintiff could not subject the property to the debt unless it belonged to the debtor. In Bo^twick v. Blake, 145 111. 85, proof was permitted showing that the debtor had fraudu- lently divested himself of the legal title, and that while the interpleader held the legal title the equitable title was still in the debtor.
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