Posten v. Posten
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Northampton County, to remove the record of an action of ejectment, brought by William Posten against James Posten, to recover a tract of land situate in Stroud and Smithfield townships, in the county of Northampton, containing one hundred and fifty acres, or thereabouts.
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IN ERROR. This was a writ of error to the Court of Common Pleas of Northampton County, to remove the record of an action of ejectment, brought by William Posten against James Posten, to recover a tract of land situate in Stroud and Smithfield townships, in the county of Northampton, containing one hundred and fifty acres, or thereabouts. " On the trial, before Judge Banks, at Easton, on the 29th of August, 1837, the plaintiff gave in evidence a deed to him from his father, Jacob Posten, dated the 18th of December, 1828, and duly recorded on the 20th of the same month, for “ a piece of land…
1Opinion of the Court
*42The opinion of the Court was delivered by
Sergeant, J.
— The rule laid down by the Court below in relation to voluntary settlements by persons indebted at the time, is that which has uniformly obtained in Pennsylvania, as well as in some other states of the Union, and is not without countenance in later times, even from the. English Courts of common law. The strict doctrine of the English Court of Chancery, adopted in New York and several other states, that if a person be indebted at the time, a voluntary settlement is fraudulent and void against existing creditors, unless their debts be first…
2Cases cited1 opinion
- Chambers v. SpencerSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- Goodman v. WinelandCourt of Appeals of Maryland · 1884
- Ayers v. HarrellSupreme Court of Georgia · 1900
- Sanders v. WagonsellerSupreme Court of Pennsylvania · 1852
- Huston v. WickerhamSupreme Court of Pennsylvania · 1839
- Jones v. WilkeyU.S. Circuit Court for the District of Western Pennsylvania · 1897
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