Shaeffer v. Child
Supreme Court of Pennsylvania
ERROR to the common pleas of Lancaster county. William Child, against Charles Shaeffer and Nathan C. Schofield, Field & Forbes, and Philip Snyder. Issue directed by the court to try the right to the proceeds of a sheriff’s sale of the property of Matthias Rauch. The following facts appeared, upon which each of the parties, plaintiff and defendants, claimed the money.
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ERROR to the common pleas of Lancaster county. William Child, against Charles Shaeffer and Nathan C. Schofield, Field & Forbes, and Philip Snyder. Issue directed by the court to try the right to the proceeds of a sheriff’s sale of the property of Matthias Rauch. The following facts appeared, upon which each of the parties, plaintiff and defendants, claimed the money. The first judgment on record was that of David Muma, which was entered the 7th of July 1815, and revived by scire facias on the 29th Nov. 1827. David Muma was discharged as an insolvent debtor the 5th of Feb. 1816, and his…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Shaeffer and Schofield would not be debarred from the fruit of Muma’s judgment by the supposed inability of his surviving trustee to pass the ownership of it. The assignees of an insolvent debtor must not be restrained by any thing less than express enactment, from making the most of his effects ; and they may consequently dispose, at discretion, of a doubtful security, at a price supposed to be a fair one, though less than the nominal value. To preclude them from benefiting the fund by the temporary rise of a depressed article, for…
2Cases cited1 opinion
- Meason's EstateSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
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