Legal Opinion

Foster v. Walton

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 5 opinions

ERROR to the common pleas of Westmoreland county. This was an action of ejectment by John Foster against Samuel Walton, in which both parties claimed under Robert Register ; the plaintiff, by a deed dated the 17th of February 1820, and the defendant by a deed dated the 20th of September 1820. It was proved, that Walton was aware of the conveyance to Foster, when he took his deed.

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ERROR to the common pleas of Westmoreland county. This was an action of ejectment by John Foster against Samuel Walton, in which both parties claimed under Robert Register ; the plaintiff, by a deed dated the 17th of February 1820, and the defendant by a deed dated the 20th of September 1820. It was proved, that Walton was aware of the conveyance to Foster, when he took his deed. The defendant offered to prove that at the time Register conveyed to Foster he was indebted, and that the conveyance was to defraud his creditors. This evidence was objected to by the plaintiff; but the court…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The court below, on the trial of this cause, seems to have considered it as a contest between the creditors of Robert Register, or one standing in their shoes and entitled to claim the benefit of the same shield provided for their protection and relief by the statute of 13 Eliz. and the fraudulent grantee of Register; for the president judge in his answer to the plaintiff’s first point admits distinctly that the conveyance, from Register to Foster the plaintiff, is good as between the parties to it, but then in his charge to the jury, he…

2Cases cited1 opinion

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829

3Cited by5 opinions

  1. Fowler v. StoneumTexas Supreme Court · 1854
  2. Prestidge v. CooperMississippi Supreme Court · 1876
  3. Stevens v. MorseSupreme Court of New Hampshire · 1867
  4. Beal v. WarrenMassachusetts Supreme Judicial Court · 1854
  5. Shaw v. TracySupreme Court of Missouri · 1884

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