Power v. Hollman
Supreme Court of Pennsylvania
ERROR to the common pleas of Perry county. Ejectment for a tract of land in Tyrone township, by William Power against C. Hollman. The plaintiff gave in evidence an application by Michael Kinsloe, a warrant and survey of the land in dispute, and a deed, dated 6th of April 1811, by Michael Kinsloe to William Power.
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ERROR to the common pleas of Perry county. Ejectment for a tract of land in Tyrone township, by William Power against C. Hollman. The plaintiff gave in evidence an application by Michael Kinsloe, a warrant and survey of the land in dispute, and a deed, dated 6th of April 1811, by Michael Kinsloe to William Power. The defendant gave in evidence, the petition of Michael Kinsloe for the benefit of the insolvent laws, which contained a list of his creditors, a schedule of his property, including the land in dispute, the appointment by the court of S. Rhine and. William Power, the present…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
—The trustees of an insolvent debtor cannoUsustain an action in right of the insolvent without having first given bond. Stoever v. Stoever, 1 Penns. Rep. 262; Lessee of Willis v. Rowe, 3 Yeates 520. These authorities show that the plaintiff cannot sustain this suit, as a trustee, nor do I understand that he seeks a recovery in that right; he claims title as the grantee of Kinsloe, under the deed of the 6th of April 1811. Kinsloe took the benefit of the insolvent law in 1810; and, in his schedule, returned a list of his creditors; and on the…
2Cases cited5 opinions
- Vasse v. BallSupreme Court of the United States · 1797
- Stoever v. StoeverSupreme Court of Pennsylvania · 1823
- Gray v. HillSupreme Court of Pennsylvania · 1824
- Lessee of Willis v. RowSupreme Court of Pennsylvania · 1803
- Wickersham v. NicholsonSupreme Court of Pennsylvania · 1826
3Cited by6 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Appeal of Bentley's ExecutorsSupreme Court of Pennsylvania · 1882
- In re MorrisDistrict Court, E.D. Pennsylvania · 1837
- Webb v. DeanSupreme Court of Pennsylvania · 1853
- Walker v. CovarSupreme Court of South Carolina · 1870
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