Legal Opinion

Miller v. Jackson

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 94PublishedCited by 10 opinions

Appeal, No. 94, Oct. T., 1906, by defendant, from order of C. P. Lancaster Co., Dec. T., 1905, No. 37, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John B. Miller, Assignee for Benefit of Creditors, v. Joseph Jackson. Replevin for chattels.

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Appeal, No. 94, Oct. T., 1906, by defendant, from order of C. P. Lancaster Co., Dec. T., 1905, No. 37, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John B. Miller, Assignee for Benefit of Creditors, v. Joseph Jackson. Replevin for chattels. The plaintiff filed the following statement of claim : John B. Miller, assignee of William P. Chubbs and wife, of Little Britain township, Lancaster Co., Pa., says that on November 22, 1905, William P. Chubbs, who owned and resided on a farm at Oak Hill, Little Britain township, this county, with his wife…

1Opinion of the Court

Opinion by

Head, J.,

On November 22, 1905, W. P. Chubbs executed and delivered unto John B. Miller, the plaintiff, in trust for the benefit of the creditors of the former, a deed of voluntary assignment covering all of his property, real and personal, except personal property to the value of $300 which was reserved in the deed for the use of the grantor.

We cannot determine from the record now before us whether *36or not the prope rt}r, the title to which was thus retained by the assignor, was specially named or designated in the deed itself. Appraisers were promptly appointed, however, and on…

2Cases cited4 opinions

  1. Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
  2. Citizens' National Bank v. GassSuperior Court of Pennsylvania · 1905
  3. Peterman's AppealSupreme Court of Pennsylvania · 1874
  4. McFarland's EstateSuperior Court of Pennsylvania · 1901

3Cited by10 opinions

  1. Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
  2. First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
  3. Walker v. EmerichSupreme Court of Pennsylvania · 1930
  4. Miller's PetitionSuperior Court of Pennsylvania · 1935
  5. Closser v. StrawnDistrict Court, W.D. Pennsylvania · 1915

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