36 Mich. 95 | Mich. | 1877
Plaintiffs in error, after commencing an action against defendants, caused an affidavit to be filed in which it was alleged that defendants had fraudulently contracted the debt, for the recovery of which such suit had been commenced,, and thereupon an attachment was issued and property of. the defendants seized thereon. Defendants afterwards made .an application to the circuit court commissioner, for a dis
As a general proposition, it may fairly be inferred that the OAvner of property is entitled to its possession, yet it by no means' folloAvs that the owner is in all cases entitled to possession. Third parties may, either by operation of Iuav, or by the consent of the OAvner, have obtained 'the possession and right thereto, while the legal title and ownership is not changed. In such a case an application setting forth that the applicant Avas and is the owner Avould be strictly true, and yet, should all the facts be set forth in the application, it would clearly appear that the applicant would not be entitled to have the attachment dissolved and the property restored to him. It Avould seem, therefore, that the application should, on principle, allege a right to the possession of the property attached. We need not, however, dispose of this case upon the defective character of the
The order of the commissioner must be reversed-and held for naught, plaintiffs in error to recover costs.