Watkins v. Wallace
Michigan Supreme Court
Error to St. Joseph Circuit. This was an. action of trespass brought by Zebina H. Wallace claiming under a general assignment for the benefit of creditors, from Robert H. Morrison.
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Error to St. Joseph Circuit. This was an. action of trespass brought by Zebina H. Wallace claiming under a general assignment for the benefit of creditors, from Robert H. Morrison. The assignment contained the following special provision : “ If any dispute' or misunderstanding should at any time arise or exist respecting the title to any of the property hereby conveyed or transferred to the said Zebina H. Wallace, or respecting the debts owing to or by the said Robert H. Morrison, the said Zebina H. Wallace is authorized in his discretion to submit the same to and have the same determined by…
1Opinion of the CourtCampbell, J.
Wallace being general assignee of one Bobert H. Morrison, Watkins as Sheriff levied upon a portion of the assigned property under an execution against the assignor, claiming the assignment to be void as against creditors.
This is an action of trespass, brought by the assignee against the Sheriff for the seizure. Judgment was recovered against the latter in the Circuit Court, and the case comes up on writ of error and exceptions.
A preliminary question is suggested upon the record— whether the Sheriff had such process as would justify him. The execution in his hands was issued upon a judgment…
2Cases cited1 opinion
- Nye v. Van HusanMichigan Supreme Court · 1859
3Cited by43 opinions
- Hobart v. Hobart Estate Co.California Supreme Court · 1945
- Stewart v. RudnerMichigan Supreme Court · 1957
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Peoples v. Evening News Ass'nMichigan Supreme Court · 1883
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
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