Legal Opinion

Hower v. Geesaman

Supreme Court of Pennsylvania

Decided May 27, 1828PublishedCited by 5 opinions

IN ERROR, Error to the Court of Common Pleas of Lebanon county. • This action of trespass was brought in the court below by Geesaman, Krause, and Keller, defendants in error, against Ilower, the plaintiff in error, the sheriff of Lebanon county, for taking and selling goods upon a fieri fiadas issued against Adam Rice at the suit of Adam Sloever. The plaintiffs below claimed the goods as assignees of Adam Rice, by deed dated the lSlh October, 1823, and duly recorded.

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IN ERROR, Error to the Court of Common Pleas of Lebanon county. • This action of trespass was brought in the court below by Geesaman, Krause, and Keller, defendants in error, against Ilower, the plaintiff in error, the sheriff of Lebanon county, for taking and selling goods upon a fieri fiadas issued against Adam Rice at the suit of Adam Sloever. The plaintiffs below claimed the goods as assignees of Adam Rice, by deed dated the lSlh October, 1823, and duly recorded. By this deed, after reciting the grantor’s inability to pay his debts by reasons of losses, &e., in consideration thereof, and…

1Opinion of the Court

-The opinion of the court was delivered by

Tod, J.

I do not apprehend there was any errar in refusing to charge the jury'th'at the deed was fraudulent and void, because it eoiitained no schedule of particulars, nor limitation of time for the execution of the trust; or because it .gives a'preference of some creditors above others: or because the grantor was in debt at the time of the assignment. No doubt all these were matters proper for consideration: and so the judge told the jury. They were inferences of fact, and from them.in some cases and under some circumstances fraud might perhaps be…

2Cases cited3 opinions

  1. Clow v. WoodsSupreme Court of Pennsylvania · 1819
  2. Martin v. MathiotSupreme Court of Pennsylvania · 1826
  3. Cunningham v. NevilleSupreme Court of Pennsylvania · 1823

3Cited by5 opinions

  1. Walters v. PrattSupreme Court of Pennsylvania · 1830
  2. Mitchell v. WillockSupreme Court of Pennsylvania · 1841
  3. Wheeler v. TrainMassachusetts Supreme Judicial Court · 1825
  4. Baxter v. WheelerMassachusetts Supreme Judicial Court · 1829
  5. Wheeler v. TrainMassachusetts Supreme Judicial Court · 1825

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