Summary

William Strong Brown v. Kennedy — Opinion of the Court

The ownership of the written instrument is a distinct thing from ownership of the right or credit of which the instrument is the evidence. The word 'credit' does not describe ownership of a mortgage, nor do the words 'rights therein.' The warrant was therefore directed against the debt, as well as against the written evidence of it. The marshal returned that he had attached the bond, mortgage, and credit, and the decree condemned expressly the bond, mortgage, and credit. That the debt was attachable in confiscation proceedings was held by this court in Miller v.
Source: Wikisource

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