Hapgood v. Fisher
Supreme Judicial Court of Maine
Assumpsit, upon a. receipt for the delivery of property attached by the plaintiff as a deputy sheriff, on a writ in favor of Charles Peavey v. David Fisher, in which judgment was recovered by said Peavey in July, 1841. The defendant contended that the property mentioned in the receipt, was not, at the time of the attachment, the property of David Fisher, but had been by him transferred to his son, David Fisher, Jr., and evidence was introduced to prove that state of facts.
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Assumpsit, upon a. receipt for the delivery of property attached by the plaintiff as a deputy sheriff, on a writ in favor of Charles Peavey v. David Fisher, in which judgment was recovered by said Peavey in July, 1841. The defendant contended that the property mentioned in the receipt, was not, at the time of the attachment, the property of David Fisher, but had been by him transferred to his son, David Fisher, Jr., and evidence was introduced to prove that state of facts. The plaintiff denied the validity of the sale, and introduced testimony to show that the intention of the parties was to…
1Opinion of the CourtTenney, J.
— The attachment of property upon mesne process is not dissolved by the death of the debtor, unless his estate shall be represented insolvent by the executor or ad*503ministrator, and a commission of insolvency shall issue within one year from his death. R. S. chap. 114, §'83. The provision of the statute of 1821, chap. 60, § 32, is substantially t,he same, excepting, that it is not necessary, that the commission of insolvency shall issue within one year, in order to prevent the seizure of the goods upon execution after such commission. The statute of Massachusetts of 1783, chap. 59, § 2,…
2Cases cited3 opinions
- Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
- Patterson v. PattenMassachusetts Supreme Judicial Court · 1819