Superior Court of Delaware, 1849

Taylor v. Horsey

Taylor v. Horsey
Superior Court of Delaware · Decided April 15, 1849
5 Del. 131

Counsel

Mr. Cullen., Cullen, for plaintiff., Saulsbury and Layton, for defendants., The Court:, Mr. Saulsbury moved a nonsuit,, Mr. Cullen.

Taylor v. Horsey

Opinion of the Court

But the court refused the nonsuit on both grounds taken by Mr. Cullen.

The Court:

The writ of fi. fa. binds the debtor’s property from the time of its issue, so as to avoid any transfer of property, even before actual levy; though it may not give the sheriff such a right of property as to enable him to maintain trover- or replevin, until actual levy.

The plaintiff finally had a verdict.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.