Hall v. Hamlin
Supreme Court of Pennsylvania
ERROR to Mifflin county. Ejectment by Joseph Hall against George Hamlin and David Zoolc. The defendant, to support the issue on his part, gave in evidence a judgment against Henry Zook, under whom both parties claimed title, in the common pleas of Chester county, in which he was the plaintiff, and upon which the land was sold by,the sheriff to him.
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ERROR to Mifflin county. Ejectment by Joseph Hall against George Hamlin and David Zoolc. The defendant, to support the issue on his part, gave in evidence a judgment against Henry Zook, under whom both parties claimed title, in the common pleas of Chester county, in which he was the plaintiff, and upon which the land was sold by,the sheriff to him. The plaintiff offered to prove that this judgment was fraudulent ; and asked the court to instruct the jury, that if they believed it was, the plaintiff was entitled to recover. But the court was of opinion, and so instructed the jury, that the…
1Opinion of the Court
Prut Curiam.
It is not to be doubted that a judgment may be collaterally impeached for fraud; and the principle seems to have been admitted in the abstract. But the nature of the circumstance relied upon to establish the imputed fraud seems to have been misapprehended. A father had conveyed his land to his son-in-law, on certain trusts, for his daughters. To show that the father was *355indebted at the time, and that the settlement was consequently fraudulent, one of his sons produced a judgment, confessed by his own mother as executrix of his father, on a bond to himself for 830 dollars; on which…
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- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855
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