Legal Opinion

Hennon v. McClane

Supreme Court of Pennsylvania

Decided January 6, 1879PublishedCited by 10 opinions

Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1877, No. 257. Ejectment by John M. Hennon against Marquis A. McClane.

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Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1877, No. 257. Ejectment by John M. Hennon against Marquis A. McClane. On July 4th 1868, Daniel Oole agreed to sell and convey his farm to defendant, in accordance Avith the terms of the following agreement:— “Article of agreement made and concluded by and between Daniel Cole, of the township of Wayne, in the county of Lawrence, in the state of Pennsylvania, of the first part, and Marquis A. Mc-Clane, of the same place, of the second part, witnesseth, that the said party of the first part agrees to sell and…

1Opinion of the CourtChief Justice Agnew

The question of actual or intentional fraud was fairly submitted to the jury, and is put at rest by the verdict. The question of legal fraud stands on a different footing. That may be the result of the bargain itself without any intended fraud, where the terms of the bargain upon the face of the transaction must hinder and delay creditors. It is well settled that one in debt cannot convey away all his property to his wife or children, by way of settlement merely, and without an adequate consideration. Nor can he convey his property in consideration of a. support for himself or those dependent…

2Cases cited1 opinion

  1. Adlum v. YardSupreme Court of Pennsylvania · 1829

3Cited by10 opinions

  1. Commonwealth v. SmithSupreme Court of Pennsylvania · 1942
  2. Pennsylvania Knitting Mills of Reading v. Bibb Manufacturing Co.Superior Court of Pennsylvania · 1900
  3. Simon's EstateSuperior Court of Pennsylvania · 1902
  4. Isett v. MaclaySupreme Court of Pennsylvania · 1919
  5. Downing v. GaultSuperior Court of Pennsylvania · 1898

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