Banbury v White and Another
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1863 |
| Date | 29 May 1863 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 125
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 32 L. J. Ex. 258, 9 Jur. (N S) 913; 11 W R. 785; 8 L. T 508. Distinguished, Brodrick v Scale, 1871, L. R. 6 C. P. 98.
banbury v. white and another May 29, 1863 -Where goods are taken in execution withm the twenty-one days allowed by the 1st section of the Bills of Sale Act for filing a bill of sale, it is not void as against the persons in the Act mentioned, although the holder of bill of sale, intending to comply with the provisions of the Act, has tiled documents not in conformity with it.-It is sufficient ii the affidavit filed with the bill of sale refers to the description of the residence and occupation of the attesting witness mentioned in the bill of sale. Per Pollock, C. B. [S. C. 32 L. J. Ex. 258, 9 Jur. (N S ) 913 ; 11 W E. 785 ; 8 L. T 508. Distinguished, Brodrick v Scale, 1871, L. R 6 C. P. 98 ] Interpleader issue, to try whether certain goods seized in execution by the sheriff of Devon, under a writ of fi. fa, were at the time of the seizure the property of the plaintiff as against tie defendants. At the trial, before Byles, J., at the Devonshire Spring Assizes, 1863, it appeared that the plaintiff claimed the goods in question under a bill of sale given to her by her son, Samuel Banbury The bill of sale was executed on the 12th and registered on the 15th of November. On the 20th the goods were taken in execution under a writ of fi fa. issued on a judgment obtained by the defendants against Samuel Banbury. In the bill of sale the attesting witness signed thus :-" Christopher Bridgman, Solicitor, Tavistock." The affidavit filed with the bill of sale was as follows:- " I, Christopher Vickry Bridgman, of Tavistock, in the county of Devon, make oath and say, that the bill of sale, [301] a true copy whereof and of the attestation of the execution thereof, and of the schedule thereto...
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