Duncan v. M'Cumber
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Erie county. This was an action of trespass de bonis asportatis, brought by Solomon M’Cumber, the defendant in error, against James Duncan, the plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow.
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ERROR to the Common Pleas of Erie county. This was an action of trespass de bonis asportatis, brought by Solomon M’Cumber, the defendant in error, against James Duncan, the plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow. Upon a judgment obtained against her, as the executrix of Moses Fellows, in favour of James Duncan, in the Common Pleas of Erie county, a writ of fieri facias was sued out to May Term 1839, directed to the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The only points presented, are those which arise upon the answers to the third point of the plaintiff, and the fourth and fifth points of the defendant. Under the Statute, 29 Car. 2, it has been held, that goods bought at a sale made under an execution delivered to the sheriff subsequently to the delivery of a prior execution, were protected from the prior execution, in the hands of the purchaser under the second execution; although, as to any other party, the goods were bound by the prior delivery of the first writ, under which the sheriff…
2Cases cited1 opinion
- Duncan v. M'CumberSupreme Court of Pennsylvania · 1840