Petrie v. Clark
Supreme Court of Pennsylvania
IN ERROR. This was an action on the case brought in the Court of Common Pleas of Allegheny county by the defendants in error, as indorsers of a promissory note, drawn by the plaintiff in error, the defendant below, for 366 dollars 17 cents, dated Pittsburgh, August 28, 1822, and payable in seven months. On the trial, the defendant offered the following statement of facts, which it was agreed could be established, and prayed the court to admit it in evidence.
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IN ERROR. This was an action on the case brought in the Court of Common Pleas of Allegheny county by the defendants in error, as indorsers of a promissory note, drawn by the plaintiff in error, the defendant below, for 366 dollars 17 cents, dated Pittsburgh, August 28, 1822, and payable in seven months. On the trial, the defendant offered the following statement of facts, which it was agreed could be established, and prayed the court to admit it in evidence. “ The note for three hundred and sixty-six dollars and seventeen cents, on which the suit is founded, was given by the defendant for…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The question here turns on the right of creditors and legatees, to follow assets that have been collusively parted with by an executor; which .involves a course of inquiry somewhat different from that which has been pursued by the counsel. This right is n’ever claimed on the supposed existence of a lien. Neither can it be claimed at law; for the executor is the owner of the legal title to the goods, and may dispose of 'them'by any spe'cies of voluntary alienations by which he may dispose of his own. The remedy is invariably in equity; where…
2Cited by14 opinions
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- Hinds v. PughMississippi Supreme Court · 1873
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