M'Clurg v. Lecky
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Allegheny county. This was an action of trespass brought by Alexander M> Clurg, Sturly Cuthbert, James Cuddy, James Ekin, and George Led-lie against William Lecky, Esq.
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Writ of error to the Common Pleas of Allegheny county. This was an action of trespass brought by Alexander M> Clurg, Sturly Cuthbert, James Cuddy, James Ekin, and George Led-lie against William Lecky, Esq. Sheriff of Allegheny county, for taking and carrying away eertain goods and chattels, which the plaintiffs alleged were theirs, and which the defendant had levied and sold as the property of Morris B. Belknap, by the authority of a fieri facias at the suit of Robert T. Stewart Morris B. Belknap was the owner of a tract of land, upon which the “Pine Creek factory” was erected, and for which…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
An insolvent debtor may, by a bona fide assignment of his estate, in trust, prefer one creditor to another, when there is no bankrupt, or other law, prohibiting such preference, so as not to interfere with any legal lien, binding on the property assigned. A debtor may also insert a condition in the assignment, that the creditors shall not be entitled to their order of preference; ,or he may exclude their claim altogether, unless within a given and ¡reasonable time, they execute a release to the debtor. 1 Bin. 502, Welt and Franklin. 2 Bin.…
2Cases cited5 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Lippincott v. BarkerSupreme Court of Pennsylvania · 1809
- M'Allister v. MarshallSupreme Court of Pennsylvania · 1814
- Passmore v. EldridgeSupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Cleveland v. La Crosse & M. R.District Court, D. Wisconsin · 1859