Engelbert v. Blanjot
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of replevin, tried before Jones, J. On the trial the following facts appeared. * On the 13th of March 1833, Cyprian Poulallier, marble mason, assigned to Louis Francois Bianjot all the marble, sawed and unsaved, marble mantel pieces, &e.; also the tools, fixtures, and other personal properly then in the shop and yards occupied by him, near Pine street in south Seventh street, upon trust, to sell the property so assigned, and with the proceeds thereof to…
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THIS was an action of replevin, tried before Jones, J. On the trial the following facts appeared. * On the 13th of March 1833, Cyprian Poulallier, marble mason, assigned to Louis Francois Bianjot all the marble, sawed and unsaved, marble mantel pieces, &e.; also the tools, fixtures, and other personal properly then in the shop and yards occupied by him, near Pine street in south Seventh street, upon trust, to sell the property so assigned, and with the proceeds thereof to satisfy himself with the sum of 850 dollars, and afterwards to pay Pierre Boneuil the sum of 250 dollars, Anthony…
1Opinion of the Court
The opinion of the Court was delivered by
Jones, J.
The transfer of property is of common right: prima facie, therefore, every such transfer made and executed in due form of law is operative to pass the interest intended to be conveyed. The common law, however, will not give validity to transactions founded in fraud or immoral intention ; but the fraud must be shown by the party alleging it in order to defeat an act which is apparently valid.
The statutes 13 and 27 Elizabeth, against frauds, go no further than the common law as it is now understood. They were not designed to invalidate fair…
2Cases cited2 opinions
- Thomson v. DoughertySupreme Court of Pennsylvania · 1826
- Ankrim v. WoodwardSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Moncure v. HansonSupreme Court of Pennsylvania · 1851