Munroe v. Thomas

         JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

         OPINION

          HEYDENFELDT, Judge

         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.