Munroe v. Thomas
California Supreme Court
Munroe v. Thomas, 5 Cal. 470 (Cal. 1855)
Heydenfeldt
Munroe v. Thomas
Opinion of the Court
Murray, C. J. concurred.
A ferry is a franchise, and is not the subject of levy, sale, or delivery, under execution. It involves a personal trust granted by the sovereign, upon conditions imposed upon the grantee alone, and his liability cannot be removed by substitution.
The term “ appurtenances,” used in the return of levy by the Sheriff, is too general, vague, and indefinite, to comprehend in its meaning any personal property as the subject of levy; it therefore passed nothing by the sale.
The order is reversed.
Reference
- Full Case Name
- CATHARINE MUNROE v. LUCIUS W. THOMAS
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- A ferry is a franchise, and is not the subject of levy, sale, or delivery under execution. It involves a personal trust granted by the sovereign upon conditions imposed upon the grantee alone, and his liability cannot be removed by substitution. The term appurtenances used in the return of a levy by a sheriff, is too general, vague, and indefinite, to comprehend in its meaning any personal property as the subject of levy : nothing, therefore, is passed by the sale.