Mitchell v. Willock
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John Willock, assignee of Merrick Munson, against Daniel E. Mitchell and George Hamilton. This was an action of trespass vi et armis, brought by the defendant in error against the plaintiff in error, Mitchell, who was constable, and Hamilton, who was plaintiff in the execution by virtue of which the property in controversy was levied and sold.
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ERROR to the District Court of Allegheny county. John Willock, assignee of Merrick Munson, against Daniel E. Mitchell and George Hamilton. This was an action of trespass vi et armis, brought by the defendant in error against the plaintiff in error, Mitchell, who was constable, and Hamilton, who was plaintiff in the execution by virtue of which the property in controversy was levied and sold. On the 17th of June 1839, Merrick Munson executed to the plaintiff a voluntary assignment of all his property, in trust for his creditors, upon the ordinary terms and in the usual form, which was recorded…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The retention of the possession of goods by a mortgagor or vendor, is fraudulent per se, and void against creditors. This was ruled in Clow v. Woods, (5 Serg. & Rawle 275), and has been since extended to a partial or general assignment for the benefit of creditors, in 10 Serg. & Rawle 202, and 17 Serg. & Rawle 251. These cases would be decisive in favour of the execution creditor, but for the Act of the 14th of June 1836. But by that Act it is made the duty of the assignee under a voluntary assignment, within thirty days, to file an inventory…
2Cases cited3 opinions
- Clow v. WoodsSupreme Court of Pennsylvania · 1819
- Hower v. GeesamanSupreme Court of Pennsylvania · 1828
- Williams v. SmithSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- Walters & Walker ex rel. Gatewood v. WhitlockSupreme Court of Florida · 1860
- Lowe v. MatsonIllinois Supreme Court · 1892
- Frazier v. FredericksSupreme Court of New Jersey · 1853