Badnal v. Moore

The main, and indeed the only question to be decided in this cause, is the effect of a deed of assignment and trust, made by the principal debtors in Philadelphia, as *404against the rights of the attaching creditor.

East'n District. March, 1821.

It has been settled, by a series of decisions in this court, that there must be delivery of the thing sold, as well as a contract of sale, to enable the vendee to resist, with success, the claim of a creditor, who may levy an attachment on it; and that, whether the parties contracted out of this state or within its limits.

The same principle must govern the…