Legal Opinion

Follweiler v. Lutz

Supreme Court of Pennsylvania

Decided March 26, 1883PublishedCited by 3 opinions

Error to the Court of Common Pleas of Lehigh county: Of January Term 1883 No. 326. Ejectment, brought December 6th 1881, by Michael Lutz and Mary Lutz, against Jesse Follweiler and Rebecca Follweiler, for a piece of laud containing four acres, situate in Lynn township, Lehigh county.

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Error to the Court of Common Pleas of Lehigh county: Of January Term 1883 No. 326. Ejectment, brought December 6th 1881, by Michael Lutz and Mary Lutz, against Jesse Follweiler and Rebecca Follweiler, for a piece of laud containing four acres, situate in Lynn township, Lehigh county. On the trial, before Albright, P. J., title was admitted in David W. Follweiler prior to October 10th 1871. The plaintiff claimed under the following title :— 1871, October 10th, Deed of general assignment, David W. Follweiler and wife to Charles C. Frederitza, for the benefit of creditors of said David W.…

1Opinion of the CourtChief Justice Mercur

The Act of 24th March 1818, requires all voluntary assignments for the benefit of creditors to be recorded in the office for recording of deeds in the county in which the assignor resides, within thirty days after the execution thereof, otherwise it shall be considered null and void as against the creditors of the assignor. This effect is not necessarily given to the conveyance of lands, situate beyond the limits of the county in which the assignor resides. It is distinctly stated as a fact, in the charge of the court, and there is no error assigned thereto, that the assignor lived in the…

2Cited by3 opinions

  1. In the Matter of Dennis Mitchell Industries, Inc., Debtor. A. J. Armstrong Co., Inc.Court of Appeals for the Third Circuit · 1969
  2. In Re Dennis Mitchell Industries, Inc.District Court, E.D. Pennsylvania · 1968
  3. United States Ex Rel. Small Business Administration v. Newton Lake Estates, Inc.District Court, M.D. Pennsylvania · 1979

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