Read v. Robinson
Supreme Court of Pennsylvania
■ ERROR to the District Court for the city and county of Philadelphia. This was an action of trover and conversion brought by Thomas Read, assignee of Thomas Amies, against Samuel L. Robinson, executor of Amies.
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■ ERROR to the District Court for the city and county of Philadelphia. This was an action of trover and conversion brought by Thomas Read, assignee of Thomas Amies, against Samuel L. Robinson, executor of Amies. The plaintiff offered in evidence a general assignment by Thomas Amies and wife of all his estate and effects to Joseph M. Thomas in trust for the benefit of creditors, dated 28th May 1839, and recorded 25th June 1839. The defendant objected to this offer on the ground that no evidence had been offered of the delivery of the assignment. The plaintiff then called Joseph Amies, who…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The ordinary power of a chancellor extends no further than the execution of a trust sufficiently formed to put the legal title out of the grantor; or to the execution of an agreement for a trust founded on a valuable consideration. Such was the doctrine of Lord Eldon in Ex parte Pye, (18 Vez. 140); Ellison v. Ellison, (6 Vez. 662); and Pulvertoft v. Pulvertoft, (18 Vez. 99); and such too was the doctrine of Sir William Grant, in Antrobus v. Smith, (12 Vez. 39); and Sloane v. Cadogan, (Sugd. Vend. App. No. 26). According to Twelves v.…
2Cases cited1 opinion
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
3Cited by20 opinions
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- Kalt v. YoungworthCalifornia Supreme Court · 1940
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
- Voorhees v. CarpenterIndiana Supreme Court · 1891
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