Wallace v. Camp

Citations

• 14 Pa. Super. 79
• 1900 Pa. Super. LEXIS 13

Syllabus

<p>Bankruptcy — Execution—Sale of bankrupt's property after decree of bankruptcy.</p> <p>An action of trespass will lie by a trustee in bankruptcy against a constable and certain creditors of the bankrupt at whose instance property of the bankrupt was sold under attachment proceedings after the debtor had been declared a bankrupt.</p> <p>It appearing in evidence that the purchaser at the constable’s sale had reasonable cause for inquiry as to the bankruptcy proceedings and that the attachments at the time of the sale were actually null and void under the provisions of clause / section 67 of the bankruptcy act, he, the purchaser, was not protected by the proviso of said clause/. The property belonged to the creditors of the bankrupt, although the title had not actually vested in the trustee at the time of the sale in execution, and the trustee was entitled to binding instructions in his action against the constable and the plaintiffs in the attachment proceedings who had secured him in making the sale.</p>