Fitler v. Shotwell
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. Joseph L. Shotwell brought this action of trespass against Daniel Fitler, sheriff, and two others, for seizing and selling certain household furniture belonging to him. The defendants justified under an execution against Edmund Shotwell, in whose possession the goods were in 1839 when seized.
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ERROR to the District Court for the city and county of Philadelphia. Joseph L. Shotwell brought this action of trespass against Daniel Fitler, sheriff, and two others, for seizing and selling certain household furniture belonging to him. The defendants justified under an execution against Edmund Shotwell, in whose possession the goods were in 1839 when seized. The plaintiff gave in evidence, to prove his title, 1. A bill of sale of the goods from Edmund Shotwell to Joseph L. Shotwell on the 21st February 1833, acknowledged the same day before a justice of the peace, and recorded March 23,…
1Opinion of the Court
*16The opinion of the Court was delivered by
Rogers, J.
The Act for the recording and acknowledging deeds relates to such instruments of writing as concern lands, tenements and hereditaments, and does not extend to a bill of sale, or other writing of personal property. The bill of sale, therefore, being put upon record without any authority whatever, the admission of the record of it, or of a certified copy, was erroneous. Hellman v. Hellman, (4 Rawle 444). The defendant had a right to insist on the proof of the instrument in the ordinary way, by the subscribing witnesses.
The court also erred in…
2Cited by3 opinions
- Klaus v. Majestic Apartment House Co.Supreme Court of Pennsylvania · 1915
- Givens v. StateTexas Supreme Court · 1851
- Creps v. DunhamSupreme Court of Pennsylvania · 1871