Mitchell v. Stiles
Supreme Court of Pennsylvania
Error from the District Court of Philadelphia. February 27th. — The question in this case was whether a conveyance was fraudulent as to creditors. On the 13th December, 1841, Mitchell in consideration of one dollar, conveyed to Price all his real estate within the county of Philadelphia in trust to sell and “to pay the proceeds to such person or persons, and in such parts and proportions as he, the said Mitchell, by writing under his hand shall direct,” and for no other use.
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Error from the District Court of Philadelphia. February 27th. — The question in this case was whether a conveyance was fraudulent as to creditors. On the 13th December, 1841, Mitchell in consideration of one dollar, conveyed to Price all his real estate within the county of Philadelphia in trust to sell and “to pay the proceeds to such person or persons, and in such parts and proportions as he, the said Mitchell, by writing under his hand shall direct,” and for no other use. On the 1st January, 1842, Mitchell in execution of the power reserved by an instrument in writing under his hand…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
If the money in the hands of the garnishee had been distributed before the service of the attachment, he would have been protected. It is admitted, however, by his answer, that the money claimed by the attaching creditor, and for which judgment was rendered by the court below, is actually in his hands. He alledges, however, that he had given a check for the principal part of it to Mr. Rawle; but it is also admitted that Mr. Rawle returned the check on the next day after it was received, to the garnishee; the amount of the check therefore…
2Cases cited2 opinions
- Sheerer's assignees v. LantzerheizerSupreme Court of Pennsylvania · 1837
- Whallon v. ScottSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Pearlman v. CommissionerUnited States Tax Court · 1944
- Pearlman v. CommissionerUnited States Tax Court · 1944