in Cases ruled and adjudged in the $7 . tieail , and nothing elfe, pafs under this wer; ds and urea: meek gialling under the general ltatutor alhgnmentggnd the remedy or atortir not, in its nature, allignable. Doug. rot. 562. Co. 222. 228. 2 Fm. 98. ’ 27:: pbiugfr Ceuqfel (M. Leo;) anfwered, that this was not an atlion brought againil the bankrupt, or the commiilion· ers; and that it ought to be fullained upon the fame principle, which authorifed fuch an a£tion to be brought by executors, or admiuillrators (who are allignees of the deceafed) though it oouldnot be brought agony them. Thus, liltewife, though a _ chofc in aélion is not allignable at law,it got: to executors. Cmp.
- ’ 373. 2 BI. C. 389. 485. The flatutcs of bankruptcy were
· ‘ framed to amelionte the condition of creditors; and, it is ob- vious, that every right and intereft of the bankrupt, even a merepollibility, is transferred. `g P. Wm. tgz. Ca. B. L. iudpp. 4;. 6. _ _ _ i _ , Br rmt Count :—It is plain, that the aéhon, in its prefent { form, cannot hefupported. Under the acl of Aifembly, no- } thing but debts are ailigned, or allignable ; and xm: mult be { wulidcrcd as the mere perfonal concern of the hankntpt. g Let judgment he entered for the defendant. ` I·‘ox's Leifee on-ju: Pnutan, et ¤I.* , ,., N the trial of this ckdment, the fubfcribin witnelfes ’L0' 4 I 8: () wereofered to prove{ thata deed, bearing time the all of April', I’j84, was not, in fad}, executed until the month of Noeemhr following. It was objedted, that fuch proof would oontradift the atteflation of the wimelles themfelvcs. 4 Burr. 2224. 2 Ejp. rg4. V Br Tue Coutrr :—A fubfcribing witnefs atteils nothing but
- the fealing and delivery of the deed
- The date is a matter
A which he does not atteli, and to which he feldom attends. By the rules of the Common Law, the fubfcribing vritneHi:s fhould be produced by the plaintiffto prove the execution of the deed ; and furely it would be then competent to the defendant to crofs- examine them, as to the real time of the delivery. But even if they were called to contradiéit their own previous attellation, the exception rather applies to their credit, than to their com- pctency. The objection over-ruled. Firzcmtttn ’ This Ejeetmen: was tried at iiirk-72.mn, 1Wsi Prius, on the a4L|= Mig- t79_;, before Sntrvzn and Bxsurcnv, jxxsrices.
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