Ridgway v. Stewart
Supreme Court of Pennsylvania
ERROR to the Common-Pleas of Montgomery county. This was an- action of trespass vi et armis quare clausum fregit et de bonis asportatis, brought by Jacob Ridgway, Joseph R. Ingersoll, and others, surviving trustees of the Philadelphia, Germantown and Norristown Rail-road Company against Ardemus Stewart, Sheriff of Montgomery county, and Michael Wilt.
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ERROR to the Common-Pleas of Montgomery county. This was an- action of trespass vi et armis quare clausum fregit et de bonis asportatis, brought by Jacob Ridgway, Joseph R. Ingersoll, and others, surviving trustees of the Philadelphia, Germantown and Norristown Rail-road Company against Ardemus Stewart, Sheriff of Montgomery county, and Michael Wilt. Wilt, in 1840, obtained a judgment against the company, on which a fieri facias issued in the same year, and Stewart levied on and sold a locomotive engine and car as the property of the company. The plaintiffs gave notice to the defendants…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
— The court below conceiving the deed of the 22d of March 1839, under which the plaintiffs claimed the right of possession to the goods in question to be an assignment of goods made by an insolvent debtor in trust for the benefit of his creditors, embraced by the 5th section of the Act of Assembly of the 24th of March 1818, entitled “ an Act to compel assignees to settle their accounts, and for other purposes,” (Pamph. L. 287,) instructed the jury that it was void as against the defendants, because it was not recorded in the office for…
2Cases cited1 opinion
- Sheerer's assignees v. LantzerheizerSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Smith & Keating Implement Co. v. ThurmanMissouri Court of Appeals · 1888
- J. H. Conrades Chair Co. v. WolfMissouri Court of Appeals · 1890
- Brown's Heirs v. Bank of ChambersburgSupreme Court of Pennsylvania · 1846