Not positive I've got all this figured out, but here's a starting place.

[log in to unmask] wrote:
>
> I am trying to find out want a couple of terms mean in some *very* abreviated
> abstracts.  A word here and a word there and I am having trouble trying to
> grasp the meaning.
>
> 1. What is a Trover?

Trover is an old-fashioned kind of lawsuit--plaintiff says the defendant
had plaintiff's property (found, borrowed or whatever) and converted it
to
defendant's own use.  Plaintiff seeks reimbursement for the property's
value.  Contrasts with replevin, same situation, except plaintiff wants
the property back.

>
> 2. In a lawsuit, One man vs another man.  There is a third person's name with
> *garnishee*.  Does this mean that the 3rd person has the garnished items from
> the second?

A is plaintiff, B is defendant, C is garnishee.  B owes A money, C owes
B money; A wants C to pay A enough money to discharge B's debt to A.
(In older practice, property may be garnished as well as money, but
getting property is usually an execution or attachment.)

>
> 3. Another suit has following the two names, Case in Attachment.

Attachment had several uses; as an original case, it usually meant that
the plaintiff couldn't sue the defendant directly (e.g., he might not be
within the jurisdiction) but plaintiff could find defendant's property,
so he could initiate a suit "in attachment" against the defendant by way
of his property.

>
> 4. The very next time has following the two names, Original Attachment.
>
> 5. This one I cannot begin to even ask questions about.   Robert Smith vs
> John Gallagher. Orr. Attachm't. William Wragg comes in and replevy's a Brown
> horse, and enters himself with Alexander McWhorter and John Eakin security
> for £10 to try the right with the Distrainor.

Not sure what all is happening here.  Best guess: Smith is suing
Gallagher for something (money or property) and gaining jurisdiction
over him by attaching some item of Gallagher's property.  Wragg claims
(Gallagher's?) horse and sues in replevin (if you post a bond--which
Wrapp does--you get to take the horse pending the suit).  What I find
confusing is the idea of distrainor (usually called distraint, sometimes
distress) in the same context; possibly all this means is that Wrapp
will keep (distrain) the horse until the suit is resolved to ensure that
there is an asset to satisfy his claim.

>
> 6.   William Hill Esqr vs John Rice.  O. Att.  The s'd attachment being
> levied in the hands of William Wragg as Garnishee.  Garnishee says he owes £
> 15.16 procl., William Howe comes and replevys the note of hand and enters
> himself with Matthew Dickson security in the sum of £18 to interplead & try
> the right. Court decrees that Plaintiff recover against William Wragg,
> garnishee, £ 9.3.9.

I'm guessing on parts of this one.  Hill sues Rice, commencing the
action by attachment (on some asset of Rice's which Hill hopes will be
worth enough to satisfy his claim).  The asset is apparently Wragg's
note (debt) to Rice in the amount of 15.16.  (This would usually be
15.1.6 for 15 £, 1 shilling, 6 pence.)  "Procl" stands for
"proclamation," and I think this means the particular kind of money that
has been proclaimed as legal tender in the state or area; I've seen this
contrasted with, for instance, "Va. money."  Howe appears and replevies
(takes possession of) the note (Wragg's IOU?) and deposits a bond.  Hill
is awarded judgment against Wragg.  Not clear what happened to Howe's
claim.


>
> Thank you for any explination you can offer to help me understand these.
> Since the list is a little slow these days, maybe you could post and let
> others see and learn. I have learned more from this list than all others
> combined.
>
> Gale Fuller
>
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--
Jim White

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