Carhart's Appeal
Supreme Court of Pennsylvania
Appeal from Nisi Prius. In Equity: Of January Term 1870, No 35. The bill in this case was filed, January 20th 1870, by Lyman B. Carhart, trustee, and Daniel D. Badger, against George F. Power and William H. Marston. The plaintiffs brought the bill as judgment-creditors of Caleb Barstow, both on behalf of themselves and all the other creditors of Barstow, who might come in, &c.
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Appeal from Nisi Prius. In Equity: Of January Term 1870, No 35. The bill in this case was filed, January 20th 1870, by Lyman B. Carhart, trustee, and Daniel D. Badger, against George F. Power and William H. Marston. The plaintiffs brought the bill as judgment-creditors of Caleb Barstow, both on behalf of themselves and all the other creditors of Barstow, who might come in, &c. The bill set out: 1. On the 29th of July 1864, Caleb Barstow and John Egerton became the owners, in equal moieties, of a tract of land in West Philadelphia, subject to two yearly ground-rents, one for §2772.71, payable…
1Opinion of the CourtJustice Woodward
It is indispensable to the success of the plaintiffs in this suit, that the instrument executed by George F. Power on the 17th of September 1866, the day of the sheriff’s sale of the property of Caleb Barstow, should be connected with the agreement alleged to-have been made between Power and the other creditors of Barstow, on the 3d of June 1866, at the office of Mr. Rawle. A large mass of details, tending to establish such a connection, was presented to the master. The whole history of the efforts of the creditors to collect their debts, and of the legal proceedings employed for that…
2Cases cited2 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Slocum v. MarshallU.S. Circuit Court for the District of Pennsylvania · 1809
3Cited by2 opinions
- T. W. Phillips Gas & Oil Co. v. Peoples Natural Gas Co.Commonwealth Court of Pennsylvania · 1985
- Connecticut General Life Insurance v. Gelona, Pennsylvania Court of Common Pleas, Montgomery County1961