Shibler v. Hartley
Supreme Court of Pennsylvania
Appeal, No. 103, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1900, No. 341, on verdict for plaintiff in case of George W. Shibler v. Beecher Y. Hartley et al. Ejectment for land in the borough of Homestead. Before Evans, J. At the trial it appeared that the defendants claimed title under a sheriff’s sale based on an execution against C. W. Posey and H. Grant Henderson.
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Appeal, No. 103, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1900, No. 341, on verdict for plaintiff in case of George W. Shibler v. Beecher Y. Hartley et al. Ejectment for land in the borough of Homestead. Before Evans, J. At the trial it appeared that the defendants claimed title under a sheriff’s sale based on an execution against C. W. Posey and H. Grant Henderson. Plaintiff claimed title under a sheriff’s sale subsequent to that under which the defendant claimed. Plaintiff alleged that the judgment and execution under which the defendants claimed…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
We find nothing in the testimony to support an inference of fraud in fact or law. In a careful review of the subject of conveyances and preferences in fraud of creditors it was said by our Brother Mitciiell in Werner v. Zierfuss, 162 Pa. 360: “. . . . It may be considered as the established result of our cases that if a creditor takes a judgment, or conveyance, or payment in any form, to secure an actual debt, the transaction will be valid against other creditors, although he knew (1) that the effect would be to postpone the others; (2) that the debtor intended it…
2Cases cited3 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Covanhovan v. HartSupreme Court of Pennsylvania · 1853
- York County Bank v. CarterSupreme Court of Pennsylvania · 1861
3Cited by11 opinions
- Smith v. KeenerSupreme Court of Pennsylvania · 1921
- Voss v. StranahanMichigan Supreme Court · 1929
- Auto Building & Loan Ass'n v. HallSuperior Court of Pennsylvania · 1934
- Varsity Building & Loan Ass'n v. AnkeleSuperior Court of Pennsylvania · 1934
- King v. GrannisSuperior Court of Pennsylvania · 1905
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