Legal Opinion

Fisher's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 4 opinions

Appeal from the District Court of Philadelphia. This was an appeal by Gideon L. Fisher from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Frederick A. Aechternacht.

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Appeal from the District Court of Philadelphia. This was an appeal by Gideon L. Fisher from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Frederick A. Aechternacht. On the 20th April 1885, William Hemble conveyed to Frederick A. Aechternacht, in fee, a lot of ground, at the corner of Tenth and Morgan streets, in the city of Philadelphia, reserving an annual ground-rent of $120. On the 4th October 1842, Frederick A. Aechternacht and wife conveyed this lot, with the improvements, to his son, Henry A. Aechternacht, in fee, subject to the said…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

This case is identical in principle with Frick v. G-reep, on the appeal of Byrod, 31 State R. 241, and must be decided in the same way.

Frederick Aechternacht conveyed the land to his son Henry in 1842, and in 1857, it was sold by the sheriff, on a judgment obtained, in 1855, against Frederick. The 'sale proceeds on the hypothesis that the conveyance from Frederick to Henry was in fraud of creditors, and may be avoided by them, by means of a sale on their judgment against Frederick.

True, they may proceed thus irrespective of the truth of…

2Cited by4 opinions

  1. Hiestand v. Williamson, Pennsylvania Court of Common Pleas, Northampton County1889
  2. Fidler v. JohnSupreme Court of Pennsylvania · 1896
  3. Silverman v. KealSuperior Court of Pennsylvania · 1939
  4. Moseby v. FleckSupreme Court of Pennsylvania · 1911

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