Chisolm v. Moore
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1911, by defendant, from decree of C. P. Huntingdon Co., Feb. T., 1909, No. 154, on bill in equity in case of H. C. Chisolm v. W. A. Moore. Bill in equity to set aside a deed. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. The court entered the following decree: And now November 10, 1910, this cause came on to be heard at the regular argument court and was argued by counsel.
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Appeal, No. 57, Oct. T., 1911, by defendant, from decree of C. P. Huntingdon Co., Feb. T., 1909, No. 154, on bill in equity in case of H. C. Chisolm v. W. A. Moore. Bill in equity to set aside a deed. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. The court entered the following decree: And now November 10, 1910, this cause came on to be heard at the regular argument court and was argued by counsel. Whereupon it is considered, adjudged and decreed that the deed from Mary Jane Moore to W. S. Moore, dated May 10, 1908, recorded in Huntingdon county, Pennsylvania,…
1Opinion of the Court
Opinion by
Hendeeson, J.,
The deed from Mary Jane Moore to the defendant, her son, appears on its face to have been a voluntary conveyance and the plaintiff was a creditor of the grantor at the time of the conveyance. The land described in the deed was all the real estate owned by the grantor and all of her personal property was given to her two sons at about the same time. It is a well-established principle that a person in debt cannot convey to his child or children all of his property without an adequate consideration nor so dispose of it as to hinder and delay creditors, for the statute of…
2Cases cited3 opinions
- Fowler v. KingsleySupreme Court of Pennsylvania · 1878
- Houseman v. GrossmanSupreme Court of Pennsylvania · 1896
- Drum v. PainterSupreme Court of Pennsylvania · 1856
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- American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1926
- American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1923
- Isett v. MaclaySupreme Court of Pennsylvania · 1919
- Meehan v. Shreveport-Eldorado Pipe Line Co.Superior Court of Pennsylvania · 1932
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