A in 1837 bought goods of B, and allowed B to remain in possession of them up to 1839, when B became bankrupt. B’s assignees made no claim, and B. retained possession of the goods until 1841, when the sheriff under a fi fa against B seized and sold the goods. After the sale B’s assignees gave notice of their claim to the sheriff, who upon receiving an indemnity handed over the proceeds to them. In trover brought by A against the sheriff, held :-that, under the plea of not possessed, the sheriff might set up the title of the assignees.
Citations:
[1842] EngR 1063, (1842) 4 Man and G 972, (1842) 134 ER 399
Links:
Insolvency
Updated: 05 May 2022; Ref: scu.308018