Stockbridge v. Franklin Bank

Bryan, J., delivered the opinion of the Court. The Franklin Bank of Baltimore obtained a judgment against Harrison Hopper, and caused an attachment to be issued thereon. The attachment was laid in the hands of Stockbridge and Musselman, executors of Albertson, deceased; and also in the hands of Henry W. Fox. This appeal does not concern the attachment against Fox.

The executors of Albertson pleaded nulla bona; issue was joined and verdict and judgment rendered against the garnishees. The garnishees have appealed. It appeared that Harrison Hopper was entitled to a distributive share of the real and personal estate of Isaac Albertson, deceased, under his will; and that since the attachment was laid the executors had passed administration accounts in the Orphans’ Court which showed that they retained in their hands as part of Hopper’s distributive share a sum of money more than sufficient to pay the judgment in favor of the Franklin Bank. It also appeared that nearly a year before the issuing of the attachment Hopper executed and delivered to Fox the following paper : “ Baltimore, March 28, ’95. “For value received, I hereby assign to Henry W. Fox all my right, title and interest under the will of Isaac Albertson, late of the city of Baltimore, and in and to the estate of said deceased.

Harrison Hopper, (Seal).” “Witness: Chas. J. Fox.” It was acknowledged and recorded among the land records of Baltimore City within four days after its date. A certified copy of the paper under the seal of the Clerk of the Superior Court was offered in evidence ; and the original paper was also produced and proved. One of the executors and garnishees testified that he and his co-executor were informed of this paper before it was recorded ; and that they had acted upon it, and had paid out large sums of money to Mr. Fox; and that they considered it to be a good and valid assignment.

It was also in evidence that at the time the above ¹⁹⁹ paper was executed and delivered to Fox, he executed and delivered to Hopper a receipt in the following terms : “ Received of Harrison Hopper an assignment of his interest in the will of Isaac Albertson, late of Baltimore City ; the proceeds of the same to be paid as follows, viz : (Here follows a. list of debts amounting to more than sixteen thousand dollars). Balance to be paid as may be directed by Harrison Hopper.” And also that by written agreement under seal among themselves the creditors changed the order in which the debts were to be paid. And also that Fox had paid more than six thousand dollars in discharge of these debts ; and also that the debts mentioned in the receipt were really and in good faith due by Hopper to the creditors therein named. The Court instructed the jury that the assignment from Hopper to Fox was fraudulent in law and invalid as against the plaintiff, and that the garnishees could not rely upon it to prevent a j udgment against them.

It was not necessary to record the assignment from Hopper to Fox, to make it operative to convey the money in the hands of the executors. No real estate is in question in this case; and we have therefore no concern with