Drum v. Painter
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of ejectment brought by Simon Drum against David Painter. On the 3d December, 1834, Philip Drum, the father of the plaintiff, and Christina his wife, executed a conveyance to defendant for the land in controversy.
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Error to the Common Pleas of Westmoreland county. This was an action of ejectment brought by Simon Drum against David Painter. On the 3d December, 1834, Philip Drum, the father of the plaintiff, and Christina his wife, executed a conveyance to defendant for the land in controversy. In the deed the grantee was bound to pay the creditors of the grantor all debts due to them up- to the date of the deed,, and to provide for said grantor and wife during their lifetime'. The deed also gave to Painter the rights, goods, and chattels of Philip Drum. The grantor died on 10th June, 1845, and -Richard…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
A conveyance of land made with the intent to hinder, delay, or defraud creditors, is good against every interest except that intended to be hindered, delayed, or defrauded. Neither the grantor, nor his heirs or devisees, can gainsay the deed. Where a creditor seeks to recover the estate from a fraudulent grantee, he may levy upon and sell it, if his judgment is against the personal representative, without notice to the widow and heirs, for they are strangers to the contest: Smith and Wife v. Grim and Giltner, 2 Casey 95. There was error in the…
2Cited by2 opinions
- Chisolm v. MooreSuperior Court of Pennsylvania · 1912
- Irwin v. HessSuperior Court of Pennsylvania · 1899