Schuylkill Bank v. Reigart

4 Pa. 477, 1846 Pa. LEXIS 265

• Court: Supreme Court of Pennsylvania
• Decided: January 29, 1846
• Status: Published

Opinion

Per Curiam.

The act of 1818 peremptorily requires that assignments in trust for the benefit of creditors be recorded within thirty days, in the county of the assignor’s residence ; and the act of 1836, which has done away in terms the difference that was at one time supposed to exist between . general and partial assignments, requires that a schedule or inventory of the estate or effects be filed in the same period, with the prothonotary of the same court: neither of which has been done. The-conveyance has indeed been recorded in the county where the land lies; but that is no substitute for the recording and filing required by these two statutes, the'purpose of the recording and schedule in the county of the-residence being to give information to creditors, and the purpose of recording in the'county where the land lies being to give notice to purchasers. Though reluctant to overturn a fair transaction, we are unable to overturn the decree of the court -below.

Decree affirmed.

From the 22d to the 35th, Rogers, J., was absent from indisposition.