Monroe ex rel. Clark v. Wallace
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Indiana county. This was a feigned issue, to try the right to money in the hands of the sheriff, in which the plaintiff in error was plaintiff below. The case is sufficiently stated in the opinion of-dhe Court.
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
This is a plain case. Monroe has a judgment against Wallace, who conveys his land to Clark: and on this they execute a bond and warrant to Monroe to secure the judgment debt, which is ultimately paid by Clark, who subsequently reconveys to Wallace, and now claims to be substituted for Monroe in the character of a surety. But Clark having had the means of payment put into his hands by Wallace, had himself become the principal debtor: and to avoid the effect of this, he now alleges that the conveyance to him was fraudulent and void, its…
2Cases cited1 opinion
- Cook v. GrantSupreme Court of Pennsylvania · 1827