Duncan v. M'Cumber
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. This was an action of trespass de bonis asportatis, brought by Solomon M’Cumber, the defendant in error, against James Duncan, plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow.
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ERROR to the common pleas of Erie county. This was an action of trespass de bonis asportatis, brought by Solomon M’Cumber, the defendant in error, against James Duncan, plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow. Upon a judgment obtained against her, as the executrix of Moses Fellows, in favour of James Duncan, the plaintiff in error, in the common pleas of Erie county, a writ of fieri facias was sued out to May term 1839,…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
At common law, in England, the writ of fieri facias bound the defendant’s goods from its teste, so that a sale of the goods made thereafter by the defendant, though bona fide, might have been avoided by a seizure of the goods under the writ at any time before it became returnable. Anon. Cro. Eliz. 174; Cro. Car. 149, 181, 440; 1 Mod. 188; Gilb. on Executions 13, 14. It was no doubt presumed, when such writ was awarded, that it would not only be issued, but would be immediately put into the hands of the sheriff, and be by him executed. This,…
2Cited by5 opinions
- James Dalzell's Son & Co. v. The Daniel KaineDistrict Court, W.D. Pennsylvania · 1888
- Williams Patent Crusher & Pulverizer Co. v. ReilySuperior Court of Pennsylvania · 1935
- Duncan v. M'CumberSupreme Court of Pennsylvania · 1841
- Gilberton Coal Co. v. Felty, Pennsylvania Court of Common Pleas, Schuylkill County1944
- Wilson's AppealSupreme Court of Pennsylvania · 1879