Stewart v. Coder
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon. May 30. James Stewart, who was the plaintiff below and in error, entered up judgment against a firm of Love & Oyer, on the 13th October, 1843, upon which he issued a fieri facias with clause of sci. fa. on the same day.
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Error to the Common Pleas of Huntingdon. May 30. James Stewart, who was the plaintiff below and in error, entered up judgment against a firm of Love & Oyer, on the 13th October, 1843, upon which he issued a fieri facias with clause of sci. fa. on the same day. To this writ the sheriff returned that the defendants had no goods in his -bailiwick, but that he had attached all moneys due or owing to them or either of them by the several persons named in the return, among whom was Dennis Coder, the defendant below and here. It appears that in 1837 Oyer sold a tract of land to Coder by articles of…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
The defendant takes defence on two grounds. 1st. *93He denies the fraud charged by the plaintiff, and insists that the transaction between him and Oyer was bond fide, and for a valuable consideration; and, secondly, admitting that it was fraudulent as being intended to delay, hinder, and defraud creditors, the plaintiff has no remedy in this action. The defendant contends that the lien creditors of Oyer, prior to the 28th October, 1848, when the bond from Coder to Oyer was attached, were entitled to the money, if any was due; that they…
2Cases cited1 opinion
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