Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-17

Opinions of the supreme COurtof the Sts,e
Of Tennessee, delivered atzNashvilIe. M
December Term, fs5s.


VI legacy, b-iag one iCftrth Il The VII esl afe sf,s
m sps cif Il leg ssIes sm0uufed 10 shust S5 f00 - =
.e Ia the has,!s Of deitnGsp NlcIiobsrt, Wsiti- -
D Bell as he e2eeuors. Tn comp ainant ci,i,.
Of Ken'ncky is creditor Of Balm 20 ihs arooupi ,
S,l7s -. hy Two noiss assigned to him by Pc E
q higgins.
d.,n.a d his bill 2sl October. 1857, besisst N
aid Balm, aud the scutOrs, aud attacked The 81.
eg ey ia ii ir hsnIs The answer OF The rxes,,
q iurs sdmiis ibe suil ieuey tie fuud in tbei
haDjs, Al alleges that they bad notice of an As
, sgOment hy Balm, o. This legacy 4 one S.epiens
Of Phlalelpkis, for the bsuest Of two otber credit
ors, Halowell and Roberts. BY order Of the curt
Stsphsn NJ, the tras and these crsitsrs we're m ada
jeienda 5s fhe Chsncel!sr h-id that the asig,
pent va vs.lii aud that Allen was oaiy eqtiflej n
shat nigh, rem in after The satisfaction Of the
dehs ihestin ir5si led for ard ordered al aeeo,In,
TIE result vas that Alien only had eecree for
SeSl, cf bis dybt, thai beicg the balance Of ,he
iand Ieialsrins af &c pzyiBg ihe q BIS AZ Roberts
lTidi it4ii3 sei and B2coa
The qaesti0o ma le in argument. is upon tbe.va,
,i'ii'y " ihs assisumfrt 10 5 ephsns, a. sg,inxt
Atsh's ataehnltn'. i is pier in date h wing
been m~ds Ia the city f Phi alelpbfa SDtb Mrr.s
1871, aad pur oses 70 have been aeknosiedzed b.
iore cne ''Johr mas commissioner Of Pepofs,
zee, On the uext day aPUel5s bv his cartifis fa
aad reg sttT-d I'D JGae, IsJ7 in .yiisen county
Tue ar'ifs LIVED in PaiiadelPaia where the deeI
was maize, botihe executors add ths funds wers in
tfnOe-see IL dos net Hpae3r That he deed vas
| resisrered in Peansylyauh Il wss hoRe,er. f,r
Earded 10 The executors. wh1 hlnded il over for
reg stratien az the tine stated. in vIdsaR q ccuptv
| The assignment is FIR the expressed cossid ,ra
/ poa # s. 500 10 in in hand Taii by Lc gis n
'tepl ems, Of ali the ri bt tile aud nsr,s; rroo-
/ efty, cam Gud d densl.d Of Wba.ev.r nstufe or
4iad, shHher real persona, or mixe.l in p,sfe,io,,
'era'nier or ex ec-a-cy, and wherever i Eat
coming &c the aL q orgv BAN, from d e. afe
! Of Montgomery b. !, deceased
which lie is eo led + one Of the heirs # sail
U Non g.1f y
less TO pay o. p MeRo5ers, Of Nashville, The
amount Of his in leo ejGess 10 him, and after
wards TO pay the balance coming into The
Laads Of 'he said SteF rs charles Ia lowell, of
The ei'y Of Philadelphia, 10 aad for bis owa proper
and benefit"
It turned out hat the amount dus 10 NIeRoberts
from Bain was ouly $54S.57, viii together q
her smoun's pad oul by The executors t. Ban,
and 10 his order, aJd the amount Of his Indebted.
ness to the estate leaves balance ia Their hards
o. S2,Se3 go. The report ef TIE Master shows ths
debt II Hall5well & Bacon b be 3 gOj3 90
As there is not = sufficient fund 10 pay both, the
question is one Of pr OIty between the complain
ant and Halloween BasCn. l. is insisted for Alien
shat the ass gament OF no force as against his
attachment, for two relsOns: l. Il is 20 i as 10
creditors II no other objection existed, cause it
was not registered OF rec rleJ as required by the
laws cf Pelusy yv 3nia where Il was made and lie
parties 20 it resided, IL il he general rule a. he
alienation aSsiguueat Or otheIWIse. Of personal
property, must be ceutrol el by the laws Of the
owners denied, place Of the transfer no matter
whore situated, with tse exception, that 10 asesr>
iainiug and giving preferences to prtorities The
government where the property il siiuased will MT
tx sni this coG iy - lar 10 pr. jgd ce aWn
Ct Il rs, but will protect the Interests in prefer
ebcs BWrei on AS. 35G
\ trAHsf-r Of personal properly good BY the Inv
of the e1unfry where mIie, WI, WIKI feE excep
tons, be FoGi every w5ers / Swan 500 ci ing /
Story Conflict sees SO 3S3, aud 3S4, sid the elE
verse of tbiI l. generally trse
The validity snd oPsralioi Of tsis assignment
must be tested y The laws Of Penn. ylssria Story
ca Conflict, sec i23 Tais Cigst exile 4 to al tn.
req -iremeRs tacte 70 utksit BiHtiag and Whit
ever ieiects sosi avoid t there vi fllo#it er.
a.d evel waers Ii fJr want listra i'm II fbe de
riarsd V Id there, az asi trtors j, wou be
here by The Peau5yivan 4 C, IN Pu-dow', d e. p53
It i declared tha, ''all gnaeuIs 81 rs aTJlts,i
10 be made snd execured wal, shs not b. reso-sed
10 IA eihce trrec ri a. deeds IL he county IN siieh
such assignOr il S, within thirty iays af err he
sxccu len there T. snail BE- nsd re al ana VOID
Is against any Of the creditars ef he 4 a sig
Il Is statute hiss b, en- he'd 10 Apply he assign
IA CT PR perry out Of the Stale IS we'll a. in H.
W. Der SaHlue, : B.rf, 490 Burr .6s O. =
Bat another question Is, wbethe- by the laes OF
nOsyivana the as nj Of egacy is eulbrse d
y thir acts, 10 Whic1 have referred Il has been
leli in this S5a more u. reported cas- =
me years ago decided, that car rsgistry acts did
lot apply 10 assignments of chooses ia action
Hhtthes this would be Un Ter the : -afutes Of
'eBI. would dePent uPOn the cln-truction given a.
o them by their ,uTts These ui cone to us I /.
'ith their atutez, having the same bndlpg for a
$ the Law Of thas STATE though il might conf CT =,
With our own construction Of a similar ststIte Of il
urs. The gus ion he ng what The law Of Penn d
ylvan'a sh I'D be Is opinion u on proper cor h
truction but what l. is settled TO be tae:e That ca
we tate Leir construction Of their statntesto p
&C the correct ejB questions Of this kind. -
But 8t l.. there be hef rapu
s. Oar registry act Of 1881 that Of 1899 eh. 0l
6 which is perhaps the brOs1est in it's terms in d
eserioing what may be registered embraces, II
deeds, TOTeIs Of attorney, and other Instruments u
Or the transfer and conveyance Of property ef- N
&c 5, r5a or personal, or appointing agents 10 al
ransaSt an business whatever, and all other deeds
I any descuI tioB." =.
In the case Of NJ rshall sud others Is Fields and f
theirs, decide by this CUur: in 1851 it vas held IA
bat this did not embrace an assignment OF
lain sglinsi a tuTEpike company, made trust
'r he security Of deBisi, apd aueDy tie TACT
registration til nos operate notce because il
as not required by The acts 10 be registered 4
bereiOrc, such sgUmeEt did lot operate as ~
sainst attaching creditors Of tte company being AZ
sc0mplste ailhout net &C 70 lhe lBmOn de5tsr. hl
his case rot re tsd, bu; Il is ia lbe Iee0l .
rtIOn Of the member Of the Court, who wss then n
the bench that be paint tbea dis,ineiy deS 10
dsd, aGd o. piled 10 ether eases Toe ont settled -
rs that umfpts Of ch0ses in seCH, and thai. ~
tusQ elaNIlCc leg 4ctfS was u9t II e0ttl ny the y
egislslure T. he udtd in lhe epuue-a'ioa OF Vi
islua.snis ssguireit 70 b. sgisiefed Eh5Iher the e.
ode in 300, enifrges tae old acts this ub
.Gi reed not be exsmuel now.
Bat it vii be Observed that assignments" are =
OF Ia t7r1as ircluled ia any Of our &C Although Z
night se,m taat fhe words ''iHstrunr nis7 r ~
seeds would include ihem, ye', lhe PcaDsy vania ~
egs.sfUre appears 10 have tBeugai Hsrclty, as b.
pr,yiipd fr a c IWO cls-s by d.sitc acts. ll-
This word in its largest sense. least common IA
lrIaGcs sg1ides tie transfer o. al kinds Of 20 au
cr Y, eilbec absolutely or IN trust; Boag Dc.
}3 But ia lis more coadu,d, and PIrticululY in -
sTca 1ile trauslei)fs il is used n e,utr.distue :
on fFcm sales, and the n which is is reatyd S
y "Burreii on Assignments" is as transfers by
ay Of security o., OF IN psyment Of d@bis, ard ~.
nUles the existence OF The relation Of debtor and ~
-e1i'or Bur on As. 8 Aod this is evileB,ly All
&c sense in which they regarded in the Penn Pr
lvaoia Acts before cited.
The eisions Ell upjn the act before extracted ii,
ON Pafd3a's Dig S. The foot Of the same page, to
early show The scOf given 10 their be ,lI.h ~
70 embrace assig ike this IL follows then, 81
lat by rhs laws OF Peausy lvaEis as he assignment
Siephefs fbr tie bsoe6' Of Holi0Eell was not re-
1rJeJ prescribed By he laW Of that ate II is In
null AMI VOID agains any Of the CREDITORS CT The So
ssignor," Btin Il would hoRever be good be-
geen the parties.
ThIs view Of the case renders It unDec-s3ary 10
Office ihe other questions made against gumsn', ~
nd result s, that the complainant. Aler, by eig
lrtue Of attachment OF the fuBdS in the hands Of
ie executors Of Mobtgomtry Bell to which Balm ~