Whitworth v Clifton, Esq
| Jurisdiction | England & Wales |
| Judgment Date | 04 April 1836 |
| Date | 04 April 1836 |
| Court | High Court |
English Reports Citation: 174 E.R. 183
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
April 4, 1836 = whitwobth v clifton, esq. (A sheriff, who executes a fi fa. after notice that the defendant had obtained his discharge under the Insolvent Debtors' Act, 7 Geo IV. c. 57, is not a trespasser.) Declaration in trespass, quare clausum fregtt, for taking the plaintiff's horse, &c. Plea, That before the said time when, &c., to wit on, &c , one James Plant, assignee of the estate and effects of James Butterworth, a bankrupt, sued and prosecuted out of the Court of Exchequer at Westminster a fi fa. directed to the chancellor of the county palatine of Lancaster, or his deputy there, whereby his Majesty commanded the said chancellor, that by hia Majesty's writ, under the seal of the county palatine, &c. the said chancellor should command the sheriff that he should cause to be levied of the goods and chattels of the said plaintiff the sum of £168, 3s. 6d., which in his Majesty's Court of Exchequer was awarded to the said James Plant, assignee as aforesaid, for his damages which he had sustained on occasion of a certain grievance ; that the said writ was in-[532]-dorsed to levy £168, 3s. 6d., and delivered to the chancellor ; that the chancellor issued his command to the sheriff in pursuance of the writ, which was duly indorsed and delivered to the deiendant, then being sheriff, to be executed, by virtue of which he entered and seized, &c. Replication, That after the said sum of £168, 3s. 6d was awarded to the said James Plant for his damages, &c., to wit, on, &c , the said plaintiff was an insolvent debtor, and was in custody, and a prisoner in the King's Bench prison, at the suit of one W. Lomas, one of his creditors, within the meaning of a certain Act of Parliament passed 7 Geo. IV., intituled '' An Act for the relief, &c. " ; that afterwards, and while the said plaintiff was in custody, to wit, on, &c , he applied by petition, &c. to the Court for Relief of Insolvent Debtors in England for his discharge, and duly executed a conveyance to the provisional assignee, &c. ; that afterwards, to wit, on, &c., at and before the Court for Relief of Insolvent Debtors m England, held at, &c. and before the issuing of thefi.fa or making of the mandate, the said petition and a certain schedule wherein the said James Plant, as assignee as aforesaid, was and is scheduled and set forth...
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