Phoenix Building & Homestead Ass'n v. Weilbacher

His Honor, CHARLES F. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:

The facts of this case are that defendant, who kept a drug store owed plaintiff, his lessor, rent and, anticipating a seizure for rent, during the night, removed the entire contents of the leased premises, fixtures, drugs and merchandise, and delivered them to the opponent in payment of a pre-existing debt, a part of which was for boarding. The opponent sent them to- an auctioneer'for sale. On the day of the sale, and within fifteen days after the removal of the effects plaintiff took out a writ of…