Palmer v. McCarthy
Colorado Court of Appeals
Appeal from, the District Court of Pueblo County. This was an action of replevin brought by appellant, plaintiff below, against the appellee, sheriff of the county. One D. C. Bowne engaged in mercantile business in the city of Pueblo, on the 3d day of August, 1889, attempted to make an assignment for the benefit of creditors under the Statute of 1885. 1 Mills Ann.
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Appeal from, the District Court of Pueblo County. This was an action of replevin brought by appellant, plaintiff below, against the appellee, sheriff of the county. One D. C. Bowne engaged in mercantile business in the city of Pueblo, on the 3d day of August, 1889, attempted to make an assignment for the benefit of creditors under the Statute of 1885. 1 Mills Ann. Stat., chap. 9, § 169, Acts of 1885, p. 43.— “ Any person may make a general assignment of all his property for the benefit of his creditors, by deed, duly acknowledged, which, when filed for record in the office of the clerk and…
1Opinion of the CourtReed, J.
An assignment, under our statute, cited above, to be valid must be a general assignment of all the property, real and *428personal, of the assignor, and the deed, upon its face, must show that it embraces all the property of the assignor. The language of the statute is : “ may make a general assignment of all Ms property for the benefit of Ms creditors by deed,” etc.
In Barnitz v. Rice, 14 Md. 24, it is said: “We do not wish to be understood as saying any particular words are necessary to be used, but only that such must be employed as will convey all the debtor’s property. All that is required is…
2Cases cited2 opinions
- Barnitz v. RiceCourt of Appeals of Maryland · 1859
- The Langdon Cheves: LambSupreme Court of the United States · 1819
3Cited by11 opinions
- Boyer Bros. v. Board of County CommissionersSupreme Court of Colorado · 1930
- Damaskus v. McCarty-Johnson Heating & Engineering Co.Supreme Court of Colorado · 1931
- Kinney v. Yoelin Bros. Mercantile Co.Supreme Court of Colorado · 1924
- Burchinell v. MosconiColorado Court of Appeals · 1894
- Ramer v. WrightSupreme Court of Colorado · 1916
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