Peters v. Cunningham

Le Grand, C. J., delivered the opinion of this court. We do not consider it necessary to decide all the questions pronounced upon by the court below, because, in any aspect of the case, we think the judgment ought to stand. The case is simply this: The plaintiff established his claim against the defendants; and, also, that the garnishee, by a deed of trust executed to him by the defendants, came into the possession of the proceeds of the sales of certain property. The deed is admitted to be void, therefore, the only question practically of importance involved in this controversy is: whether the pláintiff be entitled to a condemnation in the hands of the garnishee of the fund, the garnishee having a claim against the defendants to a greater amount than the fund?

It is not denied, that if the garnishee had obtained possession of the fund in the ordinary course of trade, and not by virtue of the deed of trust, that under the facts disclosed in the record, the plaintiff would not be entitled to a condemnation; but, it is insisted, that inasmuch as the acquisition was had through the instrumentality of the deed, he cannot claim to hold the fund against the plaintiff, for, although the deed be void as against the creditors, it is nevertheless