Moseby v. Fleck
Supreme Court of Pennsylvania
Appeal, No. 2, May T., 1911, by plaintiff, from order of C. P. Fulton Co., Oct. T., 1906, No. 39, refusing to take off nonsuit in case of William L. Moseby v. Daniel C. Fleck et al. Trespass for an alleged wrongful ejectment from land in Wells township. Before Swope, P. J. From the record it appeared that prior to August 7, 1894, Abram G. Anderson was the owner of the farm from which the plaintiff was ejected.
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Appeal, No. 2, May T., 1911, by plaintiff, from order of C. P. Fulton Co., Oct. T., 1906, No. 39, refusing to take off nonsuit in case of William L. Moseby v. Daniel C. Fleck et al. Trespass for an alleged wrongful ejectment from land in Wells township. Before Swope, P. J. From the record it appeared that prior to August 7, 1894, Abram G. Anderson was the owner of the farm from which the plaintiff was ejected. On that day Anderson and Emma, his wife, conveyed the land to Frank C. McClain, who on August 9,1894, conveyed it to Emma Anderson, wife of Abram G. Anderson. On May 25,1899, the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case was tried on the theory that a purchaser of land at a sheriff’s sale acquires, as against a prior vendee under a voluntary conveyance in fraud of creditors, simply a right to contest the latter’s title, and nothing more. The authorities cited give no support to this view: Hoffman’s App., 44 Pa. 95, decided merely that where the owner of land incumbered with liens conveys in fraud of creditors, and the land is sold by the sheriff under a judgment subsequently obtained, the liens existing before the conveyance remain undivested, and are therefore not…
2Cases cited5 opinions
- Zuver v. ClarkSupreme Court of Pennsylvania · 1884
- Byrod's AppealSupreme Court of Pennsylvania · 1858
- Hoffman's AppealSupreme Court of Pennsylvania · 1862
- Fisher's AppealSupreme Court of Pennsylvania · 1859
- Jacoby's AppealSupreme Court of Pennsylvania · 1871
3Cited by2 opinions
- Silverman v. KealSuperior Court of Pennsylvania · 1939
- Moseby v. FleckSupreme Court of Pennsylvania · 1913