Thomas v. M'Cready
Thomas v. M'Cready
Opinion of the Court
It is contended by the counsel for the defendants, that the Court of Quarter Sessions had jurisdiction in the case, and therefore their order, until reversed, was conclusive. Consequently, the District Court had no authority to take this property out of the hands of these persons, to whom it had been delivered by the Court of Quarter Sessions, for the support of the wife and child of Enoch Thomas. We must examine, therefore, what was the authority of the Court of Quarter Sessions, and what is the nature of the order they have made. By the 6th section of the act of 31st March, 1812, (Purd. Dig. 553,) it is enacted, that when-a man possessed of property deserts his wife and children, leaving them a charge on the public, the guardians of the poor, having obtained a warrant from two justices of the peace, may take and seize so much of the goods and chat-' tels, &c. and receive so much of the amount of rents and profits of the lands and tenements of such husband as such two justices shall order and direct, for providing for such wife, and maintaining and bringing up such children, which warrant, being confirmed at the next Court of Quarter Sessions, it shall be lawful for the said Court to make an order for the guardians of the poor to dispose of such goods, chattels, &c. by sale or otherwise, or so much of them, for the purpose aforesaid, as the Court shall think fit, and to receive the rents and profits, or so much of them as shall be ordered by the Court, of the said lands and tenements for the purpose aforesaid.” - Now it is evident, that these proceedings are only between the husband and his wife and children, without being intended to affect the rights of other persons. From the settlement of Pennsylvania to the present moment, the legislature nas oeen careful of the rights of creditors. Lands and tenements nave been subject to the payment of debts,:as much as goods and chattels. And by the custom of the country, without any express law,.not even the right of dower is protected against the claims of creditors. - It,cannot be supposed-, therefore, that it was intendéd to protect the pro
Judgment affirmed.
Reference
- Full Case Name
- Thomas against M'Cready and another trustees of Thomas
- Status
- Published