Reports of Bankruptcy and Company Cases Volume 14 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...Appeal allowed. Solicitors: Jackson, Smart, Geake (.6 Co., for the Appellant. Piesse and Sons, for the Respondent. Under a writ of execution the sheriff seized the goods upon the premises of the judgment debtor. On the following day the judgment debtor received a sum of money in bank-notes, and placed it in a drawer in his bedroom on the premises. The judgment debtor soon afterwards died, and his widow, without the knowledge of the sheriff's officer, took the bank-notes to her solicitors. An order was afterwards made, under section 125 of the Bankruptcy Act, 1883, for the administration of the estate of the judgment debtor, and a trustee was appointed under the order who claimed to be entitled to the money. Held, that the sherifl' had the power and intention of excluding unauthorised interference with the contents of the drawer in which the money was placed; that this constituted possession by the sheriff, although he did not know of the existence of the money; and that the execution creditor was therefore entitled to it as against the trustee. FuRrnER consideration before LAwmucn, J. The following was the agreed statement of facts: On 19 September, 1906, Johnson, the execution creditor, obtained judgment against Pickering for 9,5421. 7s. and 51. 6s. costs. On 12 November, 1906, a writ of fi. fa. was delivered to the sheriff of Yorkshire, and on 13 November, 1906, the sheriff, in execution of the writ, went into possession at Heathfield, Garforth, the residence of Pickering, and seized his goods then in and upon the premises. On 14 November, 1906, the judgment debtor received at Wakefield about 4001., the proceeds of some sheep belonging to and sold by him on that day at Wakefield Market, and also the sum of 2101., the...