9 Pa. 349 | Pa. | 1848
Prima facie, no fraud is apparent in the confession of the judgment to Lowry & Son. At common law, a debtor might prefer particular creditors, and whether by assignment in trust, or by judgment and execution, was indifferent, the manner of doing it being modal. If, however, the purpose was not to prefer, but to delay, the transaction, in whatever form, would be within the 13 Elizabeth. The purpose may be a matter
But the unamended return to the fieri facias showed that the levy was insufficient, colourable, and void; and the amendment allowed did not essentially vary it. “The above levy,” it was added, “ was taken from a schedule given me by defendant’s clerk. I did not see the property at the time or since. I was likewise ordered to proceed no further in the case.” According to Wood v. Vanarsdale, 3 Rawle, 401, there was no levy at all. What we call a levy is a seizure — in England an actual one. — but an officer cannot seize what is not within' the range of his view. True, it was held in that case that a levy is good if the property be within
Judgment reversed, and a venire de novo awarded.