Gray v. Hill
Supreme Court of Pennsylvania
This was an ejectment brought by David Gray and George Heberton against John Hill and Mary Miller, tried before Gibson, J. át Nisi Prius, in November last, for a house and lot of ground in Spruce street, in the city of Philadelphia. The declaration was filed generally against both defendants, and there was a general plea of not guilty. Mrs. Miller died on the 4th March, 1819, and her death was suggested in the record.
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This was an ejectment brought by David Gray and George Heberton against John Hill and Mary Miller, tried before Gibson, J. át Nisi Prius, in November last, for a house and lot of ground in Spruce street, in the city of Philadelphia. The declaration was filed generally against both defendants, and there was a general plea of not guilty. Mrs. Miller died on the 4th March, 1819, and her death was suggested in the record. It was proved on the trial, that Hill was in possession of a two story house and stable in the rear of the lot; the remaining part of the property, being a distinct messuage and…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The original act of 1729 — 30, provides, that the estate of the insolvent debtor shall be vested in the assignees by the mere act of executing the assignment; and álthough this provision is not repeated in the act of 1798, under which the proceedings before us took place, there can be little doubt that the variance, in this particular, from the original act, was accidental. On executing the assignment, the person of the insolvent debtor is discharged ; and this is in consideration of his having surrendered his estate to his creditors. But if…
2Cited by2 opinions
- Power v. HollmanSupreme Court of Pennsylvania · 1834
- Lessee of Lore v. HillSuperior Court of Delaware · 1840