Water's Executors v. McLellan

4 U.S. 208 (____)

4 Dall. 208

Water's Executors

versus

M`Clellan et al.[(2)].

Supreme Court of United States.

SHIPPEN, Chief Justice.

1st. It is incumbent on the plaintiff, to prove his property in the goods, which were taken by the sheriff; and to do this, he has produced evidence of a former distress and sale, of the same goods, for rent due from Dewees to him. But the defendants answer, that the distress was fraudulent; because (among other reasons) the goods were left in the possession of the debtor. In the case of a voluntary sale of goods, the law, both in Pennsylvania and England, regards the…