Schott v. Chancellor
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a feigned issue between Wbarton Chancellor, as plaintiff, and James Schott, defendant. James Schott obtained a judgment against Senry Chancellor in the District Court of Philadelphia, for the sum of $3240.' It was an amicable action in case entered by agreement filed October 20, 1845. January 28, 1846, judgment. February 16, 1846, fi. fa. issued, to which nulla Iona was returned.
Read the full summary
Error to the District Court, Philadelphia. This was a feigned issue between Wbarton Chancellor, as plaintiff, and James Schott, defendant. James Schott obtained a judgment against Senry Chancellor in the District Court of Philadelphia, for the sum of $3240.' It was an amicable action in case entered by agreement filed October 20, 1845. January 28, 1846, judgment. February 16, 1846, fi. fa. issued, to which nulla Iona was returned. The plaintiff had an alias fi. fa. issued to March Term, 1849, by virtue of which the sheriff, on the 16th April, 1849, levied upon certain personal property,…
1Opinion of the Court
The opinion of the Court was delivered in by
Black, C. J.
James Schott, being a judgment creditor of Henry Chancellor, issued an execution, and attempted to obtain satisfaction of his debt by levying upon and selling the personal goods, which were, at the time, in - the actual possession and use of the debtor. He was prevented from doing so by the assertion of Wharton Chancellor, that he, and not Henry Chancellor, was the owner of the goods. This action was instituted to try the question which was raised between them. It appeared on the trial that Wharton Chancellor had purchased these same…
2Cited by2 opinions
- J.J. Pocock, Inc., to Use v. LevySuperior Court of Pennsylvania · 1937
- Thornburn v. ThompsonSupreme Court of Pennsylvania · 1899