Wilt v. Franklin
Supreme Court of Pennsylvania
T HE plaintiff Wilt levied upon the property of Keely, which he had previously assigned for the benefit of his creditors; and the proceeds of sale were paid to Keely s assignee by the sheriff. Mr. Franklin conceived himself entitled to distribute the money agreeably to the assignment; Wilt denied-the validity of the assignment, and claimed the money exclusively.
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T HE plaintiff Wilt levied upon the property of Keely, which he had previously assigned for the benefit of his creditors; and the proceeds of sale were paid to Keely s assignee by the sheriff. Mr. Franklin conceived himself entitled to distribute the money agreeably to the assignment; Wilt denied-the validity of the assignment, and claimed the money exclusively. To determine these conflicting pretensions, this action for money had and received was agreed to be entered, and tried under the general issue, which accordingly was done before Teates J. at a nisi prius in February 180/, when the…
1Opinion of the Court
Upon this day the judges delivered their opinions.
Tilghman C. J.
These causes come before the court on a special verdict, found in the action in which Wilt is the plaintiff. In the action by Berthon and son, it is agreed, that it shall be decided on the facts found in the verdict in Wilds suit.
Two points were made by the counsel for the plaintiff. 1. That under the circumstances stated in the verdict, the deed from Matthias Keely to John Bartholomew is to be considered as fraudulent and void. 2. That supposing it to be good, it had no operation till the 7th of March, when it was first made…
2Cited by33 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Bissell v. HopkinsNew York Supreme Court · 1824
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
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