Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-11-26

2, 984 of the Code. It follows that the
levy of the attachment upon the land
created no lien on Johnson's equitable In.
terest, unless such lien was created by
virtue of section $500 Of the Code. By
this section, attachments may be levied
upon any feal or personal property, of
either legal or equitsble nature, in which
the defendant has an interest. But in
order that an equitable interest ID land
may be subjected by attachment, the bill
must be framed with that view, and the
allegations must give to the court, juris-
diction, 70 sfectuate the object sought to
be accomplished. Il is not doubted that,
if Enoch and Benjamin Marshall had
known that johnson had only an equit-
able interest, and that King had the legal
estate in the land, they could have sub
jected Johnson's equitable interest, by
making the proper allegations to give the
court jurisdiction, and by making King
and johnson both defendants. But upon
tier bill, simply alleging that johnson
WIS the owner of the land, and praying
to have it subjected to sale, the only de-
cree that could properly be made was to
and sale, according to the allegations and
prayer of the bill, would only communi-
cate to the purchaser the legal title of
Johnson. But as johnson had no legal
title, and the decree did not operate on
his equitable interest, the purchaser at
the sale acquired no title.
1t is manifest, that the remedy, by at
tachment, has been greatly favored and
extended by the late legislation of our
State. Sections 8461 and $500 of the
Code, greatly enlarge and extend the
scope of the remedy by original attach
ment, but, when properly construed,
they do not alter the fundamental princi-
Piles of equity jurisdiction, nor do they
destroy the long established rules which
distinguish the proceedings in courts of
law and of equity, in the exercise of their
respective jurisdictions. It was not in
tended by section $500, that attachments
issued by courts of law, might be levied
on personal or real property of an equita-
bic nature. Such construction would
destroy the harmony and sym,
metry of our judicial system, by
converting the courts of law into courts
of equity, in the enforcement of the
remedy by attachment. The object Of
the Legislature was to give courts of Law,
power to enforce the remedy by attach
ments, as to all property of legal ma
ture, and to give to courts of equity the
power to enforce the remedy by attach
ment, as to all property, real and personal,
either of legal or equitable nature,
debts, or chooses in action, whether due
or not due, in which the defendant has
an interest. By this construction we
carry out the object of the Legislature,
in extending and encouraging the remedy
by attachment, and at the same time,
preserve the jurisdiction of each court
within its appropriate sphere.
If Enoch Marshall obtained no title, le-
gal or equitable, by his purchase under
the attachment sale, the next inquiry is,
as to the legal effect of his payment to
King of the residue of the purchase mon
ey due to him. This payment was made
before complainants filed their bill, but
neither then, nor since, has King conveyed
to him the legal title-that still continues
In King. 1t follows that the only effect
of the payment was to substitute Marshall
TO the vendors lien. 1t left the legal title
still outstanding in King. 1t gives TO
Marshall the prior right of satisfaction for
the amount so paid, but does not remedy
the defect in his title.
As Marshall obtained no title to the
land, either by his purchase or by his pay
ment of the residue of the purchase mo-
ney, the equitable interest of johnson in
the land was subject to be reached by
complainants for the satisfaction of their
claims, and by filing their bill and MAX
ing the proper allegations and parties,
they have secured the proper right to sp-
propriate the equitable interest of John
son to their debts, subject only to the
amount of the purchase money paid by
Marshall.
The decree below will therefore be re-
versed, the purchase of the land by Enoch
Marshall set aside, and the amount of his
bid, which was credited on the judy
ment, will not operate as a satisfaction
of said judgment--the claims of COM
plainants will be ascertained by a report
of the Clerk and Master of this Court, the
land be sold, and the proceeds applied,
first, to the costs of this court and the
court below, next, to the reimbursement
of Enoch Marshall, of the amount with
interest paid to King, and the residue to
the satisfaction of the claims of COM
plainants. NICHOLSON, @. j.
A true copy.
Test: J. F. DEADERIoK, Clerk.