Ellis v. Martin

Citations

• 170 Pa. 129
• 32 A. 564
• 1895 Pa. LEXIS 1372

Syllabus

<p>Execution — Assignment for the benefit of creditors — Contract.</p> <p>Where the plaintiff in an execution against her husband agrees that the execution shall be stayed, and that the property levied upon, consisting of farm stock and grain, shall be sold by the assignee for the benefit of creditors of her husband, the proceeds to be applied on the execution, and the assignee permits the plaintiff to retain possession of the property for eleven months, during which a portion of the grain is fed by plaintiff and her husband to the stock on the farm, and the rest of it is apparently appropriated by the husband, plaintiff is estopped from maintaining any claim against the assignee for the value of the grain.</p>