Pike v. Bacon
Supreme Judicial Court of Maine
This was an action of trespass brought against the defendant’s intestate, as sheriff of this county, for an alleged trespass committed by Francis Davis, Jr., one of bis deputies, in attaching a quantity of goods formerly owned by Patty & Betsy Cromett, on writs against them in favor of William Legg &. Co. and of S. E. & J. Brackett.
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This was an action of trespass brought against the defendant’s intestate, as sheriff of this county, for an alleged trespass committed by Francis Davis, Jr., one of bis deputies, in attaching a quantity of goods formerly owned by Patty & Betsy Cromett, on writs against them in favor of William Legg &. Co. and of S. E. & J. Brackett. It was admitted that the defendant’s intestate was sheriff; that Davis. was his deputy; that he attached the goods on those writs on the third day of July, 1840 ; and that judgments had been obtained in those suits in favor of the plaintiffs therein ; and that the…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Tenney J.
— Assignments, to be valid under the statute passed April 1, 1836, must provide for an equal distribution among such of the creditors as become parties thereto, after the required notice and within three months, in proportion to their respective claims, of all the assignor’s estate, real and personal, excepting what is exempt by law from attachment. They must be such, that no creditor shall in any respect stand preferred to another; they must be so made, that they eifectu- *284. ally secure the object contemplated in the act; otherwise…
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