Dallam v. Fitler
Supreme Court of Pennsylvania
THIS case was tried at JVisi Prius in February 1843 before Mr Justice Kennedy, and a verdict and judgment were rendered for the plaintiff. It was an action of trespass brought by Josias W. Dallam against Sheriff Fitler, for seizing and selling certain- household goods belonging to the plaintiff. On the 9th August 1839 Charles T. Ruete made a general assignment to Anthony Elton, in trust to pay creditors, which was recorded on the same day.
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THIS case was tried at JVisi Prius in February 1843 before Mr Justice Kennedy, and a verdict and judgment were rendered for the plaintiff. It was an action of trespass brought by Josias W. Dallam against Sheriff Fitler, for seizing and selling certain- household goods belonging to the plaintiff. On the 9th August 1839 Charles T. Ruete made a general assignment to Anthony Elton, in trust to pay creditors, which was recorded on the same day. An inventory and appraisement were made on the 21st August, and filed in the prothonotary’s office on the 23d, and on the same day the assignee sold the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The principal point intended to be argued in this case has been very properly relinquished by the counsel for the defendant, as it was decided by this court, in Fitler v. Maitland, (5 Watts & Serg. 307), and previously, in the case of Thompson v. Watmough, there stated. It was held that retention of possession by the assignor, after making a voluntary assignment in trust for his creditors, and duly recorded, was not per se fraudulent, but that by reason of the publicity of the transaction, and its attendant circumstances, it stands on the…
2Cases cited1 opinion
- Fitler v. MaitlandSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Bird v. WomackSupreme Court of Alabama · 1881
- Mayer v. CommissionerUnited States Board of Tax Appeals · 1929
- Carrier & McPherson v. EsbaughSupreme Court of Pennsylvania · 1872
- Commonwealth v. LelarSupreme Court of Pennsylvania · 1850
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