Smith v. McClure
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1917, by plaintiff, from judgment, of C. P. Chester Co., Oct. T., 1916, No. 1, for defendants on demurrer in case of C. Shillard Smith v. Hattie C. McClure and Henry C. McClure, her husband. Ejectment to recover land in the Borough of Coatesville. Before Butler, P. J. The Opinion of the Supreme Court states the case. The court entered judgment for defendants on demurrer to defendants’ answer. Plaintiff appealed.
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Appeal, No. 13, Jan. T., 1917, by plaintiff, from judgment, of C. P. Chester Co., Oct. T., 1916, No. 1, for defendants on demurrer in case of C. Shillard Smith v. Hattie C. McClure and Henry C. McClure, her husband. Ejectment to recover land in the Borough of Coatesville. Before Butler, P. J. The Opinion of the Supreme Court states the case. The court entered judgment for defendants on demurrer to defendants’ answer. Plaintiff appealed. Error assigned was in entering judgment for the defendants.
1Opinion of the Court
Opinion by
Mb. Justice 'Walling,
On January 9, 1915, Henry 0. McClure executed and delivered to his wife, Hattie C. McClure, a deed for certain land in the Borough of Coatesville, which deed was duly recorded on February 12th, of the same year. Between the delivery and recording of the deed Mr. McClure gave C. Shillard Smith, the plaintiff herein, a judgment note for an existing indebtedness, on which judgment was entered prior to the recording of the deed. Thereafter plaintiff filed a bill in equity in the Court of Common Pleas of Chester County, against Hattie 0. McClure, averring that the…
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