Cunningham v. Neville
Supreme Court of Pennsylvania
Trespass, in the Court of Common-Pleas of Allegheny county, brought by Nicholas Cunningham, the plaintiff below, against Morgan Neville, sheriff of the county, who had, under a judgment and fieri facias issued against one Thomas Cromwell, seised and sold certain furniture and goods in his possession, which the plaintiff claimed under an assignment in writing, dated the 29th October, 1819, recorded on the next day, in the Recorders office.
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Trespass, in the Court of Common-Pleas of Allegheny county, brought by Nicholas Cunningham, the plaintiff below, against Morgan Neville, sheriff of the county, who had, under a judgment and fieri facias issued against one Thomas Cromwell, seised and sold certain furniture and goods in his possession, which the plaintiff claimed under an assignment in writing, dated the 29th October, 1819, recorded on the next day, in the Recorders office. The plaintiff took this assignment to secure himself against the amount of certain notes held by the Bank of Pittsburg, drawn by Cromwell, and indorsed by…
1Opinion of the Court
The opinion of the court, (Tilghman, C. J. being absent,) was delivered by,
Gibson, J.
There is nothing to distinguish this case from Clow v. Woods,5 Serg. & Rawle,275, exeeptthe circumstances of asymbolical delivery and a schedule of the articles assigned. The first is necessary only where peculiar circumstances preclude the possibility of actual possession; and there it is equivalent to actual possession, because the transaction is susceptible of no act of greater notoriety. But where the possession may be permanently changed by actual delivery of the thing, delivery of a part in the name of…
2Cited by5 opinions
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