...Article 6640. It insists that these Articles apply to property held In custodia legis and that we should not follow the above cited cases because some of them were written prior to the 1905 statutes and the others contain some evidence or inference of actual notice of the pending receivership. We decline to change or depart from the long established rule of...applied to lands In custodia legis without reliance upon actual or constructive notice. The doctrine of Custodia legis is different from common law lis pendens. Ewin v. Lindsay, 58 S.W.2d 388, 394 (Tenn.Ch., 1900); Olds, Lis Pendens, 4 Houston L.Rev. 221, 222 n. 4 (1961). The rule prohibiting..., 29 S.Ct. 230, 53 L.Ed. 435 (1909), the Court upheld, under the Custodia legis rule, a State court receivership...

...court decision concerning the custodia legis rule: If a court of competent jurisdiction, Federal or state, has taken possession of property, or by its...property is in custodia legis, or in the custody of the court. No one has the authority, even under a prior deed of trust or execution, to sell property held in custodia legis by a duly appointed receiver...

...tax lien did not attach to the deposit in the hands of the Clerk because the deposit was in custodia legis. They have cited many cases holding that the funds in the hands of a court clerk are not subject to attachment or garnishment. In so arguing they misconceive the purpose of the custodia legis rule. That...liens attach to money in custodia legis. The purpose of the custodia legis rule is to preserve the power of the court with which moneys have been deposited for a judicial purpose to dispose of such money...in accordance with that purpose, and when that purpose has been satisfied the rule is no longer necessary to protect the power of the court. Here the money was deposited as a bond to pay damages...

...custodia legis. It is, of course, well settled that deposits in court, like any other property in custodia legis, are not, as a matter of course, subject to attachment, garnishment, levy of execution, lien of creditors' bill or other process, whether issuing out of another court or the very court in which the same are deposited. The purpose of this rule is...third party action after the purpose of the deposit has been accomplished. The reasoning of such authority, however, in the light of the purpose of the in custodia legis rule, is in no...property constitutes custodia legis, he cannot be subjected to garnishment process in respect of such property. Nevertheless, it was held that under the circumstances it was within the discretion of the trial court to permit garnishment of the bonds in the hands of the clerk: "The reason for the rule is...

.... We believe that the "custodia legis" rule is inapplicable here. If the rule has any validity we believe that it is confined to an admiralty proceeding where the vessel is...attach to a vessel "in custodia legis". The chronology established by the record in this case and the related cases on the docket is as follows: October 31.... The "custodia legis" question has mostly arisen with respect to maritime lien claims, i.e., wages of crew members aboard and wharfage, while a vessel is in the custody of the United...

...in custodia legis and the receivership court had not granted permission for the sale. Quoting Wiswall v. Sampson, 55 U.S. (14 How.) 52, 14 L.Ed. 322, 14 L.Ed. 322 (1852), the Court wrote: The settled rule also...that the purposes served by § 45-1103 have a role in receivership. As the court noted in First Southern, "[t]he apparent harshness of the custodia legis rule is tempered somewhat by the...sale, the property was taken into custodia legis by the appointment, by the Superior Court of the District of Columbia, of a receiver for the property. The central facts are undisputed and the...

.... 1. Where a sheriff takes possession of property by virtue of a writ de retorno habendo, he does not hold the same in custodia legis but for the sole benefit of the holder of the judgment in the replevin action and the latter's interest in the property may be attached. [434] 2. Protection of the rule of...? The reason for the immunity of property in custodia legis is that to permit attachment or execution thereon by others would require a public officer to appear and defend a multitude of actions regarding the right to possession and would cause confusion and delay in the execution of legal process. Protection of the rule of.... Executions — Writ de retorno habendo — Possession of sheriff — In custodia legis — Second execution...

...Cam was in the general treasury of the City, with all other monies over which it had control. Clearly within the rule of custodia legis, much had to be done before it could be identified and allocated to the Cam contracts. Thus, we must conclude that the lower court erred in failing to apply the rule of...by both parties to this appeal. Based upon these circumstances, we believe that the City is exempt from execution under the doctrine of custodia legis, which has been long...debtor, the policy underlying the doctrine of custodia legis is not frustrated by permitting garnishment. Such circumstances are not present...

...in Tredegar Co. v. Seaboard Ry., 183 F. 289, 290, that as a general rule, after property of an insolvent is in custodia legis interest thereafter accruing is not allowed on debts payable out of the fund realized by a sale of the property. But that is not because the claims had lost their interest-bearing quality during that period, but is a necessary and enforced rule of.... 328. As to claims against the trustee in bankruptcy, the general rule for liquidation of the bankruptcy estate has long been that a creditor.... Saper, supra, this Court held that the general rule applies to claims against the trustee for taxes as well as for other debts. But the instant case concerns the debtor's personal liability for...

...as an incident of the debt and not merely as damages. The general rule that interest is not allowed after property of the insolvent is in custodia legis, is not based on loss of interest-bearing quality, but is a necessary and enforced rule incident...Ry., 183 F. 289, 290, that as a general rule, after property of an insolvent is in custodia legis interest thereafter accruing is not allowed on debts payable out of the fund realized by a sale of the property. But that is not because the claims had lost their interest-bearing quality during that period, but is a necessary and enforced rule of...brief for the Railway Company attention is called to the fact that the road was not in custodia legis under a creditors' suit, but...

...public funds. [1] The fundamental premise of our holding is that the clerk held the funds in question in custodia legis. The general rule is that property which is in...— Garnishment of Funds. Funds held in a superior court clerk's trust fund pursuant to RCW 36.48.090 are held in custodia legis and are not subject to garnishment before entry of a court order directing...in custodia legis, and that no court order had directed her as to whom to pay the funds. The garnishor creditors, the...

...in the interpleader action in custodia legis and subject to garnishment? Second: Did the trial court properly refuse to determine title to the fund in dispute on an order to show cause issued in an action wherein the attaching creditor was not a party? The first question must be answered in the affirmative. [1] The general rule is...legis is not subject to garnishment. An exception to this general rule is: If a party has a right to a certain distributive share of a fund in custodia legis, the officer having custody of...that property in custodia...

..., being in custodia legis, and that appellee's rule to traverse the garnishee's answers fails to disclose a cause of action. The property sought to be seized is a debt due by the...enforced. When the execution and garnishment issued, the funds in the hands of the receiver were not realized from property subject to the lessors' lien and were then in custodia legis. The rule that a...them by preference and priority. The oppositions and the rule to traverse the garnishee's answers were consolidated for the purpose of trial. Only one judgment was rendered. The court...

...REVIEW [1] The district court's order regarding the apportionment of costs incurred while the vessel arrested in this in rem action was in custodia legis is governed by Admiralty Rule 131...not abuse its discretion, as Kenco argues, by adopting a "rule of law" for the allocation of in custodia legis costs among arrestors in in rem admiralty suits. The district court was not barred by the local rules from adopting a rule of...") the costs of maintaining in custodia legis a vessel arrested by Lloyds, and later rearrested by Kenco, for satisfaction of maritime liens. We have jurisdiction under...

..., Gulf Copper, contends that each claimant should pay the custodia legis expenses based on the size of its claim. Meanwhile, the party with the largest claim, Trevaskis, argues that the expenses should be shared equally. In the Court's view, basic notions of fairness dictate that, as a general rule, a...coherent reason why the Court should diverge from the general rule and award custodia legis expenses on per capita bases. Accordingly, the Court concludes that equity and fairness favor the sharing of...Corporation ("Gulf Copper") has filed an Opposed Motion for Pro-Rata Apportionment of Custodia Legis Expenses ("Motion for Pro-Rata Apportionment"), requesting that the intervening claimants, Gulf...

...of the sheriff was not subject to garnishment, because it should be regarded as in custodia legis. The rule applicable to the facts of this case is thus stated in Drake on Attachments, p. 508: "But...custodia legis, and therefore not subject to garnishment. In accordance with this holding, judgment was rendered that plaintiff and the interveners take nothing by their suit against the garnishee...appear to have been made that the fund was in custodia legis, and therefore not subject to garnishment, and for this reason the authority of the case on the question is impaired. In...

...MARINER, 1983 A.M.C. 2089 (S.D.Tex. 1983). In the absence of a reorganization proceeding, custodia legis is the appropriate rule. As Professor Landers notes...jurisdiction over four arrested Hellenic vessels and their freights. The court concluded, however, that custodia legis did not apply to the remaining freights arrested by ITO because Hellenic had...February 23, 1984 ruling that custodia legis should not apply to arrested freights which were earned by vessels other than those arrested in this district. Bruce D. Scherling, Interim Trustee of...

...to the instant motion, distinguishes Dale because the judgment at issue in that case was not obtained in federal court. Plaintiff advances the notion that the doctrine of custodia legis — literally, property in the custody of the law — is without force against a federal judgment and relies upon U.S. v. Harkins Builders, Inc., 45 F.3d 830 (4th Cir. 1995), among other cases, for the general proposition that Rule 69...Maryland rule of law regarding the application of custodia legis will not be assimilated into federal practice in this case through the engine of Rule 69. The doctrine of...custodia legis, however, is not solely a creature of Maryland law, and it does not rely upon Maryland law alone for its vitality. The general rule in federal jurisprudence and across the various...

...prevail in the action, such property is to be considered in custodia legis, the same as if the actual possession were with the officer" — and that they do not hold that the rightful owner of personal property cannot assert his title and right to the possession although it be in custodia legis. The same rule is...debt of a third person, from asserting his right and claim to the property, notwithstanding it may be in custodia legis. The application of the rule seems to prevent creditors from asserting claim to...custodia legis, the same as if it had continued in the hands of the officer, and any one claiming such property as owner, except the person against whom, the writ runs, may assert his rights to the...

...should be entitled to priority. 1. Ordinarily, absent statutory provision, Nevada having none, property in custodia legis is not subject to attachment without leave of court. In civil actions prosecuted within this state's jurisdiction the deposit of money in court must be made pursuant to NRCP 67(1). This rule is....]" Thus, in order to invoke the court's protective custody, leave must first be obtained. This was not done here. The certificate of deposit was not in custodia legis. This is the rule followed in...right to oral argument was denied respondent here. The appellant contends that the certificate of deposit while in the county clerk's possession was not in custodia legis and was...