Lowe v. Dalrymple
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF ERIE COUNTY. No. 214 July Term 1886, Sup. Ct.; court below, No. 141 May Term 1884, C. P. On April 7,1884, a suit in ejectment was instituted by U.. B. Lowe against W. W. Dalrymple, R. B. Dalrymple and Fred Fox, to recover a house and lot in the city of Corry. The plea was not guilty. At the trial on January 21, 1886, before Wm.
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ERROR TO THE COURT OE COMMON PLEAS OF ERIE COUNTY. No. 214 July Term 1886, Sup. Ct.; court below, No. 141 May Term 1884, C. P. On April 7,1884, a suit in ejectment was instituted by U.. B. Lowe against W. W. Dalrymple, R. B. Dalrymple and Fred Fox, to recover a house and lot in the city of Corry. The plea was not guilty. At the trial on January 21, 1886, before Wm. A. Galbraith, P. J., the plaintiff, having shown possession by the defendants, deed from W. W. and R. B. Dalrymple to Philip. Hoffman, dated September 10,1879, for the lot in dispute, and deed from Philip Hoffman and wife to U. B.…
1Opinion of the Court
Opinion,
Me. Justice Claek :
It is a rule of the law, well settled in a long line of cases» that, where testimony has been given tending to establish a combination to defraud creditors, the declarations of either party, though not made in the presence of the other, are proper-evidence for the jury as affecting both: Gibbs v. Neely, 7 W. 307; Deakers v. Temple, 41 Pa. 234. It is not required that the evidence of collusion shall be conclusive; some of the cases say it is sufficient if it would justify a jury in finding the fact: Rogers v. Hall, 4 W. 359; Confer v. McNeal, 74 Pa. 112. Nor is it…
2Cases cited3 opinions
- Confer v. McNealSupreme Court of Pennsylvania · 1873
- Brinks v. HeiseSupreme Court of Pennsylvania · 1877
- Deakers v. Temple & BarkerSupreme Court of Pennsylvania · 1862
3Cited by10 opinions
- Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
- Commonwealth v. Wm. StraussSuperior Court of Pennsylvania · 1926
- Commonwealth v. HollowaySupreme Court of Pennsylvania · 1968
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Jones v. LewisSupreme Court of Pennsylvania · 1892
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