Howe & Cook v. Short

Citations

• 135 Pa. 379
• 19 A. 1022
• 1890 Pa. LEXIS 1190

Syllabus

<p>(а) The two joint owners thereof transferred a productive oil-leasehold to a trustee to pay specific debts of the assignors, or to sell. One owner afterward transferred his interest in the same leasehold to a third person, by an assignment which was put on record.</p> <p>(б) After this second assignment, but without actual knowledge thereof, the trustee accepted an order drawn upon him by both assignors on the day the second assignment was made, in favor of another creditor, and payment being afterwards refused, suit was brought thereon:</p> <p>1. In such ease, the trustee having taken possession at once under the transfer to him, the second assignment did not affect his title, nor justify payment by Mm to tbe second assignee for the release of Ms intei’est, as against the holder of the order accepted by the trustee.</p>