Klapp's Assignees v. Shirk
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lebanon county. Feigned issue. Josiah II. Klapp, on the ninth day of June, 1849, executed a voluntary deed of assignment for the benefit of his creditors without preference, to Daniel Klapp and Jacob Miesse, who on the same day accepted the trust; and on the 23d day of June following filed their bond, the security of which having been approved; and also on said day, an inventory of the estate of said assignor, so far as the same came to their…
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Error, to the Common Pleas of Lebanon county. Feigned issue. Josiah II. Klapp, on the ninth day of June, 1849, executed a voluntary deed of assignment for the benefit of his creditors without preference, to Daniel Klapp and Jacob Miesse, who on the same day accepted the trust; and on the 23d day of June following filed their bond, the security of which having been approved; and also on said day, an inventory of the estate of said assignor, so far as the same came to their knowledge. On the 30th day of June, 1849, William Shirk, the judgment creditor, had a fi. fa. issued out of the court of…
1Opinion of the Court
*592The opinion of the court was delivered by
Rogers, J.
The assignment, so far as appears on the face of the instrument, is acknowledged to be regular in all its parts. • The requirements of the act have* been complied with by placing the assignment on record, and making an inventory and appraisement of the property assigned. Although the property was left in the possession of the assignor, yet that does not avoid the assignment if the requisitions of the law are complied with. It is decided that the retention of thé possession of goods by the- assignor, after a voluntary assignment in trust for…
2Cases cited1 opinion
- Fitler v. MaitlandSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Foley v. BitterCourt of Appeals of Maryland · 1871