Williams v. Hill, McLane & Co.Annotate this Case
60 U.S. 246
U.S. Supreme Court
Williams v. Hill, McLane & Co., 60 U.S. 19 How. 246 246 (1856)
Williams v. Hill, McLane & Co.
60 U.S. (19 How.) 246
The laws of Alabama provide that where there is a judgment against a debtor who is unable to pay, a process of garnishment, which is called in some of the states an attachment upon final process, may be issued and laid in the hands of a garnishee who may owe money to the judgment debtor or have any effects within the control of the garnishee.
The garnishee, having real property under his control by virtue of a deed of trust, cannot retain it for the purpose of reimbursing himself for advances made to the judgment debtor after the execution of the deed in execution of a parol contract between them.
Where the garnishee sets up a claim to the funds in his hands, he must prove the bona fides of his claim if it is derived from the judgment debtor after the origin of the creditor's demand.
Therefore, where the garnishee produced notes signed by the judgment debtor bearing date prior to the judgment, but did not prove their existence before the judgment in consideration, it was properly left to the jury to say whether there was fraud or collusion between the garnishee and the judgment debtor.
The case is stated in the opinion of the Court.
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