Vandyke v. Christ
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. This was an action of replevin by John Vandyke against Levi B. Chris.t, assignee of William Martin, to recover certain articles of persona] property. The property belonged to William Martin, and he made a bill of sale of it to John Vandyke, to indemnify him against the payment of a note for which he had gone his security. The actual possession of the property was not changed.
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ERROR to the Common Pleas of Union county. This was an action of replevin by John Vandyke against Levi B. Chris.t, assignee of William Martin, to recover certain articles of persona] property. The property belonged to William Martin, and he made a bill of sale of it to John Vandyke, to indemnify him against the payment of a note for which he had gone his security. The actual possession of the property was not changed. Subsequently William Martin made a voluntary assignment to Levi B. Christ, for the benefit of his creditors, who, having complied with the requisitions of the Act of Assembly,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Fraudulent retention of possession avoids a contract of sale only as to creditors or purchasers; the first by the 13 Eliz., the second by the 27 Eliz.; and it is only necessary to turn to Roberts on Fraudulent Conveyances (Ch. V., § 3,), or any other text-book in which the cases are arranged, to see that delivery at the time of sale, is required by a free interpretation of those statutes, and not by the common law. For what purpose do [they require it ? The object of the 13 Eliz. was to avoid those collusive transfers of the legal…
2Cases cited1 opinion
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
3Cited by13 opinions
- Bouton v. DementIllinois Supreme Court · 1887
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
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