In re the Accounts of Wilson
Supreme Court of Pennsylvania
Jan. 11, 13, 14, 15, 16. This case was brought into this court by appeal from the decree of the Court of Common Pleas of Philadelphia. After argument, the case was-referred to an auditor. The reasons, therefore, and the instructions to the auditor appear in Okie’s Appeal, 9 Watts & Serg. 156. The present argument was on exceptions to the report of the auditor. The facts of the case, as they were presented in the argument, were these.
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Jan. 11, 13, 14, 15, 16. This case was brought into this court by appeal from the decree of the Court of Common Pleas of Philadelphia. After argument, the case was-referred to an auditor. The reasons, therefore, and the instructions to the auditor appear in Okie’s Appeal, 9 Watts & Serg. 156. The present argument was on exceptions to the report of the auditor. The facts of the case, as they were presented in the argument, were these. The assignment on which the case turned, purported to be an «indenture made May 10, 1837, between John Knox and wife, James Boggs and wife, and James A. Knox;…
1Opinion of the CourtRogers, J.
The exceptions, which are five in number, may be embraced under a few general propositions, which comprise the whole case. The point on which the case principally turns, namely, the invalidity of the. assignment, has been already decided in Thomas v. Jenks, 5 Rawle, 221, and Hennessey v. The Western Bank, 6 Watts & Serg. 300: the latter was a decision on the assignment now in controversy. In those cases it is ruled, that an assignment by an insolvent debtor, stipulating for a release, is invalid unless it contains a transfer of all the debtor’s property. It has been regretted by some…
2Cases cited7 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Thomas v. JenksSupreme Court of Pennsylvania · 1835
- Luckenbach v. BrickensteinSupreme Court of Pennsylvania · 1843
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