Thompson v. Lee
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Clearfield county. This was an action of trespass by James Thompson against William Lee, to recover the price of a pair of oxen taken by the defendant. The defendant, who was a constable, justified under an execution at the suit of Peter Renter against Seth Moore. The oxen had belonged to Seth Moore, who transferred them to Henry Hileman, who transferred them to the plaintiff.
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ERROR to the Common Pleas of Clearfield county. This was an action of trespass by James Thompson against William Lee, to recover the price of a pair of oxen taken by the defendant. The defendant, who was a constable, justified under an execution at the suit of Peter Renter against Seth Moore. The oxen had belonged to Seth Moore, who transferred them to Henry Hileman, who transferred them to the plaintiff. The transfer from Moore to Hileman was alleged to be fraudulent; and the question arose how far that fraud, if proved to the satisfaction of the jury, would affect a Iona, fide purchaser…
1Per curiam
As regards proof of legal fraud and its consequences in respect to the rights of a purchaser without notice of it, the jury were clearly and. accurately instructed; but in the distinction attempted between legal and actual fraud in this particular, the instruction was erroneous. It is an elementary principle, that a purchaser for value, and without notice of fraud by him under whom he claims, shall not be prejudiced in equity; it is thus laid down in Fonb. Eq. B. 2, ch. 6, § 2, (note h); and if he is not to be prejudiced in equity, & fortiori, he cannot be at law where the legal title passes…
2Cited by2 opinions
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