Groves, Assignee of Bowler, v Cowham and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 May 1833 |
| Date | 23 May 1833 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 806
IN THE COURT OF COMMON PLEAS.
[5] groves, Assignee of Bowler, v. cowham and others. May 23, 1833. Held, that a sheriff was liable in trover for having sold, after notice of assignment to the provisional assignee, the goods of an insolvent taken in execution under a judgment on cognovit, after the commencement of the insolvent's imprisonment, but before the assignment to the provisional assignee. Trover. On the 19th of June 1832, Bowler, then in prison, petitioned the insolvent debtors' court for his discharge. On the 20th the Defendant Cowham, sheriff of Surrey, seized Bowler's goods by virtue of a fi. fa. issued on a cognovit entered up on the llth of the same month. On the 23d Bowler executed the usual conveyance of all his effects to the provisional assignee of the insolvent debtors' court. Notice of that circumstance was forthwith communicated to the Defendant, and he was required not to proceed with the execution by selling Bowler's goods. The Defendant, however, persisted in proceeding, and on the 27th the goods were sold under the fi. fa. Upon proof of these facts at the trial, a verdict was found for the Plaintiff, which Jones Serjt. obtained a rule nisi to set aside, and enter a nonsuit instead, on the ground that the sheriff was not, under the circumstances, liable to any action, or, if liable to any, only to an action for money had and received. Andrews and Bompas Serjts., who shewed cause against the rule, relied on the thirty-fourth section of 7 G. 4, c. 57, which enacts, " That in all eases where any prisoner who shall petition the court for relief under this, act, shall have executed any jobincu. GROVIS V. COWBAM 80? warrant of attorney to confess judgment, or shall have given any cognovit aetionein, whether for a valuable consideration or [6] otherwise, no person shall, after the commencement of the imprisonment of such prisoner, avail himself or herself of any execution, issued or to be issued, upon any judgment obtained or to be obtained upon such warrant of attorney or cognovit actionem, either by seizure and sale of the property of such prisoner, or any part thereof; but that any person or persons to whom any sum or sums of money shall be due in respect of any such warrant of attorney or cognovit aetionein, shall and may be a creditor or creditors for the same under this act." That section operates as a supersedeas of the execution, and...
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