Hiestand v. Williamson
Pennsylvania Court of Common Pleas, Northampton County
No. 376 January Term 1888, Sup. Ct.; court below, No. 17 April Term 1884, C. P. On February 27, 1884, Leah Williamson et al. caused to be issued a writ of scire facias to revive, et quare executionem non, judgment No. 227 February Term 1879, entered in their favor and against Henry Hiestand and others, in the sum of 13,500. Daniel Hiestand, named as a terre tenant in the writ, on April 18, 1884, filed an affidavit of defence.
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No. 376 January Term 1888, Sup. Ct.; court below, No. 17 April Term 1884, C. P. On February 27, 1884, Leah Williamson et al. caused to be issued a writ of scire facias to revive, et quare executionem non, judgment No. 227 February Term 1879, entered in their favor and against Henry Hiestand and others, in the sum of 13,500. Daniel Hiestand, named as a terre tenant in the writ, on April 18, 1884, filed an affidavit of defence. A rule was thereupon taken by plaintiffs for judgment for want of a sufficient affidavit of defence, which rule on September 10, 1884, was discharged. On June 80, 1887,…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The deed of Henry Hiestand to Daniel Hiestand was dated April 9,1879, and, for anything that is shown, was on that day delivered. The judgment of David Schmoyer against Henry Hiestand was not entered until October 29, 1883, which was four years, six months and more, after Henry Hiestand had parted with his title. If the sale and conveyance were in good faith, the judgment was not a lien upon the lands in question. If the transaction was fraudulent, the sale would seem to be a means of vesting in the purchaser the right which the creditors had to avoid the…
2Cases cited3 opinions
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- Hoffman's AppealSupreme Court of Pennsylvania · 1862
- Fisher's AppealSupreme Court of Pennsylvania · 1859
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- Leas v. HaferSuperior Court of Pennsylvania · 1909
- Brooks v. RudolphSupreme Court of Pennsylvania · 1952
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