Confer v. McNeal
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: No. 55, to May Term 1873. This was an action of ejectment, brought September 3d 1867, in the court below, by Matilda A. Confer, widow, and Louisa J. Confer and others, children and heirs of Samuel Confer, deceased, against Hugh McNeal, for the undivided half of a tract of 200 acres of land. _ The case was tried January 30th 1872, before Dean, P. J. The title to the whole tract had been in Jacob Confer, and previously to the…
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Error to the Court of Common Pleas of Blair county: No. 55, to May Term 1873. This was an action of ejectment, brought September 3d 1867, in the court below, by Matilda A. Confer, widow, and Louisa J. Confer and others, children and heirs of Samuel Confer, deceased, against Hugh McNeal, for the undivided half of a tract of 200 acres of land. _ The case was tried January 30th 1872, before Dean, P. J. The title to the whole tract had been in Jacob Confer, and previously to the 31st of August 1853, he had sold an undivided half to Jacob Eickes. On that day, by articles of agreement, he…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Agstew, J. —
The plaintiff in this ejectment claimed the land in controversy under an article of bargain and sale, dated in 1853. A defence set up to the bargain was, that it was a fraudulent agreement between the two brothers, Jacob and Samuel Confer, to protect Jacob’s property against his creditors; and McNeal, the defendant, having purchased at a sale for the payment of Jacob’s debts, was in a position to contest the sale to Samuel. Samuel Confer never took possession under his contract, but suffered Jacob •to remain on the land,…
2Cases cited2 opinions
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Gibbs v. NeelySupreme Court of Pennsylvania · 1838
3Cited by5 opinions
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- Jones v. LewisSupreme Court of Pennsylvania · 1892
- Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
- Homewood People's Bank v. MarshallSupreme Court of Pennsylvania · 1909
- Quirk v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1900