M'Kee v. Gilchrist
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was an issue directed by the court to try the right to money made by the sheriff out of the sale of the real estate of Joseph Ford ; in which John M’Kee was plaintiff, and Robert Gilchrist defendant. Joseph Ford having' been the owner of the land, on the 18th of February 1820 conveyed it to his father Alexander Ford. On the 9th of March 1820 the judgment of the plaintiff, John M’Kee, against Joseph Ford, was obtained.
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ERROR to the common pleas of Westmoreland county. This was an issue directed by the court to try the right to money made by the sheriff out of the sale of the real estate of Joseph Ford ; in which John M’Kee was plaintiff, and Robert Gilchrist defendant. Joseph Ford having' been the owner of the land, on the 18th of February 1820 conveyed it to his father Alexander Ford. On the 9th of March 1820 the judgment of the plaintiff, John M’Kee, against Joseph Ford, was obtained. On the 10th of May 1820, the judgment of the defendant, Robert Gilchrist, was obtained against both Joseph and Alexander…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Six of the errors assigned are to the charge of the court delivered to the jury, and the seventh and last to their opinion on the competency of Alexander Ford as a witness for the defendant.
The first error is, that the court, in effect, instructed the jury that the plaintiff and defendant in this issue being both creditors of Joseph Ford, the conveyance by him of his land to his father, although collusive and made with a design to hinder, delay and defraud the creditors of Joseph Ford, yet the defendant ought to be preferred, inasmuch as the…
2Cases cited3 opinions
- Roberts & Boyd v. AndersonNew York Court of Chancery · 1818
- Whiting v. JohnsonSupreme Court of Pennsylvania · 1824
- Commonwealth v. EberleSupreme Court of Pennsylvania · 1817
3Cited by6 opinions
- Slattery v. JonesSupreme Court of Missouri · 1888
- Stix v. ChaytorSupreme Court of Arkansas · 1891
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Pier v. DuffSupreme Court of Pennsylvania · 1870
- Salomon v. MoralNew York Court of Common Pleas · 1877
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