French v. Breidelman

The opinion of the court was delivered August 16, 1855, by

Lowrie, J.

— The Execution Act of 1836, section 35, allows an execution attachment to issue, to reach debts due to the defendant, or deposits of money made, or goods pawned, pledged or demised by him; and the main question of the present cause is, is this an appropriate writ, under the act, to the case of a sale of a store of goods, in fraud of creditors, where the fraudulent vendee has sold part, and has the rest on hand ?

We think it is. It is certainly true, that the money received by him for the part sold; is not legally a debt due…