A Treatise On the Law of Suits By Attachment in the United States

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282; Weathers v. Mudcl, 12 B. Monroe, 112.
[180] CH. IX. ] ATTACHMENT OF REAL ESTATE. § 234 § 234. Another established principle affects with pecul- iar fitness attachments of real estate — that the attach- ment can operate only upon the right of the defendant existino; when it is made. No interest which he subse- quently acquires is reached by it. This principle was ap- plied in the following case. The Commonwealth of Massa- chusetts, in 1832, gave a bond for title to real estate to P. , and i
...n August, 1836, executed to him a deed in pursuance of the bond. Prior to the last-named date, P. Conveyed by deed of w^arranty an interest in the lands, to parties from whom, by intermediate conveyances, that inter- est came to be vested in S. In 1835, S. Conveyed by warranty deed to C, but the deed was not recorded till 1839. In May, 1836, that interest was attached as the property of S. , and sold in 1841, under the execution in the attachment suit, and bought by P. , the original obhgee in the bond from Massachusetts.

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