Strawn v. Iams
Supreme Court of Pennsylvania
Appeal, No. 149, Oct. T., 1914, by James W. Closser and Corbly K. Spragg, terre tenants, from judgment of C. P. Washington Co., Aug. T., 1912, No. 444, on directed verdict for plaintiff in case of John Hi Strawn, Trustee, v. James L. lams and George P. Auld, with notice to James W. Clouser and Corbly K. Spragg, assignees for the benefit of creditors of said James L. lams, and Clement Powell, terre tenants. Scire facias sur mortgage.
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Appeal, No. 149, Oct. T., 1914, by James W. Closser and Corbly K. Spragg, terre tenants, from judgment of C. P. Washington Co., Aug. T., 1912, No. 444, on directed verdict for plaintiff in case of John Hi Strawn, Trustee, v. James L. lams and George P. Auld, with notice to James W. Clouser and Corbly K. Spragg, assignees for the benefit of creditors of said James L. lams, and Clement Powell, terre tenants. Scire facias sur mortgage. Before McIlvaine, P. J. Prom the record it appeared that the mortgagor, more than four months after the execution and recording the mortgage, made an assignment…
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
Except as the right of an assignee for the benefit of creditors to defend in an action of scire facias on a mortgage given by his assignor, on the ground that the mortgage constitutes a fraudulent preference between creditors, is given by our State Insolvent Act of June 4, 1901, P. L. 404, such right does not exist. Leaving that act out of consideration, such assignee succeeds to the rights of his assignor, and none others. In the language of Gibson, C. J., in Van Dyke v. Christ, 7 W. & S. 373:
“He is the debtor’s instrument for distribution, and stands in…
2Cases cited3 opinions
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Vandyke v. ChristSupreme Court of Pennsylvania · 1844
- Bullitt & Fairthorne v. Chartered Fund of the Methodist Episcopal ChurchSupreme Court of Pennsylvania · 1856
3Cited by7 opinions
- Closser v. StrawnDistrict Court, W.D. Pennsylvania · 1915
- Fidelity-Philadelphia Trust Co. v. Philadelphia-Girard Nat. BankCourt of Appeals for the Third Circuit · 1929
- Hemminger v. Leidigh, Pennsylvania Court of Common Pleas, Cumberland County1934
- In re Coover, Pennsylvania Court of Common Pleas, Cumberland County1932
- In re Dairyland, Inc., Pennsylvania Court of Common Pleas, Lehigh County1944
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