Musser v. Brindle

Citations

• 23 Pa. Super. 37
• 1903 Pa. Super. LEXIS 7

Syllabus

<p>Insolvency — Bankruptcy — Preference— Judgment — Execution — Act of June 4, 1901, P. L. 404.</p> <p>Where, after the passage of the insolvency act of June 4, 1901, P. L. 404, a judgment is entered upon a bond secured by a mortgage executed prior to the passage of the act, and execution is issued on the judgment, and thereafter the defendant makes a general assignment for the benefit of creditors, the assignee for creditors is entitled to have the execution on the personal property of the defendant set aside. The act does not defeat the plaintiff of his preference, if he has one, but the assignee is entitled to the control and custody of the personal property of the assignor..</p>