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Roberts against Thomas

Nominate Series English Reports Cited in 6 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date14 November 1794
Date14 November 1794
CourtCourt of the King's Bench

English Reports Citation: 101 E.R. 450

IN THE COURT OF KING'S BENCH.

Roberts against Thomas

[88] egberts against thomas. Monday, Nov. 14th, 1794. This Court will not set aside the inquisition of a jury, summoned by the sheriff to enquire in whom the property of goods seized by him under a fi. fa. is vested. A writ of fieri facias Having been issued at the suit of the plaintiff against the defendant, under which the sheriff seized some goods in the defendant's possession, a Mrs. Margetson came in and claimed the goods. The sheriff, to ascertain in whom the property was vested, in order to enable him to make a return to the writ, 6T.K.88, KING V. CHANCELLOR, ETC. OF UNIVERSITY OB1 CAMBRIDGE 451 summoned a jury (a) to make that enquiry, who found by their verdict that they belonged to Mrs. Margetson. Bayley now moved to set aside that inquisition, and to have the goods seized by the sheriff sold for the benefit of the plaintiff, on an affidavit which disclosed a variety of circumstances to shew that whatever claim Mrs. Margetson might have upon the . goods in question as against the defendant, it was fraudulent as against his other creditors, he being left in possession of the goods. He observed that though this inquisition was not taken under any immediate process issuing out of this Court, it was a...

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