Carson v. Hawley

Citations

• 122 F. 55
• 58 C.C.A. 237
• 1903 U.S. App. LEXIS 4742

Syllabus

<p>1, Conversion by Sheriff—Attachment against Vendor—Estoppel from Making Defense that Plaintiff was Fraudulent Vendee.</p> <p>Where the fraudulent character of the sale of personal property found in the possession of the vendee makes a seizure of it by a sheriff under a writ of attachment against the vendor rightful, no subsequent affirmance of the sale, without the consent of the sheriff, by the attaching creditor, or by his representative, the trustee in bankruptcy of the vendor, can make the sheriff’s seizure wrongful, or estop him from defending an action for conversion on account of it upon the ground that the sale was fraudulent and invalid.</p> <p>(Syllabus by the Court.)</p>