Woodland and Another v Fuller and Another
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1840 |
| Date | 05 May 1840 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 641
IN THE COURT OF QUEEN'S BENCH.
S. C. 3 P. & D. 570; 9 L. J. Q. B. 181; 4 Jur. 743. Referred to, Johnson v. Pickering, [1908] 1 K. B. 11.
woodland and another against fuller and another. Tuesday, May 5th, 1840. Defendant having obtained a judgment against T., lodged a fi. fa. with the deputy (under stat. 3 & 4 W. 4, c. 42, s. 20) of the sheriff, and the deputy immediately issued a warrant to an officer. Afterwards, on the same day, a vesting order was made (under stat. 1 & 2 Viet. c. 110, s. 37,) by the Insolvent Debtors' Court transferring the estate of T. The assignee under this order took possession of T.'s property and afterwards the sheriff's officer seized it. Held, that the seizure was proper. [S. C. 3 P. & D. 570; 9 L. J. Q. B. 181 ; 4 Jur. 743. Eeferred to, Johnson v. Pickering, [1908] 1 K. B. 11.] Trover. By order of Coleridge J., and consent of parties, after issue joined, the following facts were stated for the opinion of this Court. The plaintiffs are assignees of the estate and effects of the Reverend George Henry Templer, an insolvent debtor; and the defendants are judgment creditors of the said G. H. T. The defendants brought an action on promises against Templer, which came on for trial at the Wiltshire Assizes, 7th March 1839, when a verdict was returned for the plaintiffs for 7281. 16s. damages; and Maule B., before whom the cause was tried, certified that execution ought to issue in one week. Final judgment was signed by the plaintiffs for 7631. Is., on 15th March 1839 ; and, on the same day, the now defendants subsequently sued out of this Court a writ of testatum fi. fa., directed to the Sheriff of Somersetshire, commanding him to levy the last-mentioned sura, with interest thereon, [860] at the rate of 4 per cent, per annum, from the 15th March aforesaid, of the goods and chattels of Templer. The testatum fi. fa. was delivered by the now defendants to Messrs. Dyne and Co., at their office in Lincoln's Inn Fields, at a quarter past one in the afternoon of 15th March, and before the petition of Templer was filed, or the vesting order made, as hereinafter mentioned. Before, and at, and after the delivery of the writ to Dyne and Co., the goods and chattels which form the subject of the present action were the goods and chattels of Templer. No member of the firm of Dyne and Co. was, at the time of the delivery, Sheriff or Under-Sheriff of Somersetshire; but Dyne and Co. were then deputies, appointed by the Sheriff of Somersetshire (under stat. 3 & 4 W. 4, c. 42 (sect. 20)), for the receipt of writs, granting warrants thereon, making returns thereto, and accepting (d) 2 Wms. Saund. 137 c. See also Jones v. Watte, 5 New Ca. 341, 351, 356; Haigh v. Brooks, 10 A. & E. 309. K. B. xlii.-21 642 WOODLAND V. FULLER 11 AD. *E. 861. of all rules and orders to be made on or touching the execution of any process or writ to be directed to the said sheriff. At the time of delivering the writ, Dyne and Co. granted a warrant thereon, in pursuance of their appointment, for levying the amount of the damages; and they, on the same day, sent the warrant by post to the officer to whom it was directed, and who received it on the following morning. The testatum fi. fa. was not at any time in the county of Somerset until 16th March. On 14th March final judgment in an action of debt, wherein Eichards Hiorns was plaintiff and Templer defendant, was signed for the plaintiff, for 411. 17s. 9d. debt, and 71. 9s...
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