Legal Opinion

Reehling v. Byers

Supreme Court of Pennsylvania

Decided May 17, 1880PublishedCited by 19 opinions

Error to the Court of Common Pleas of York county: Of May Term 1880, No. 95. Ejectment by O. F. Reehling, assignee for the benefit of creditors of Isaac Taylor, against William R. Byers, tenant, and the widow and heirs of Joel Brinton, deceased, for two tracts of land in York county.

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Error to the Court of Common Pleas of York county: Of May Term 1880, No. 95. Ejectment by O. F. Reehling, assignee for the benefit of creditors of Isaac Taylor, against William R. Byers, tenant, and the widow and heirs of Joel Brinton, deceased, for two tracts of land in York county. The material facts were as follows : On the 23d of June 1876, W. H. Taylor conveyed the property in dispute to his father, Isaac Taylor, for a consideration of $1350. On the 1st of April 1873, W. H. Taylor became surety for one Kurtz, in a note to Joel Brinton, for $1000. Several years thereafter Kurtz absconded,…

1Opinion of the CourtJustice Gordon

“A volunteer,” says the learned judge of the court below, “ who buys with notice of the intended fraud, cannot hold the property against the creditor whose debt has been delayed or hindered, even although he may have paid its full value. But when a creditor takes the property to secure his dobt, the transaction is not void, although he may have full notice that the debtor prefers him to his other creditors, and that other creditors must lose in consequence of such preference. Indeed, where property conveyed is not worth more than the existing indebtedness, it would be difficult to conceive a…

2Cited by19 opinions

  1. Queen-Favorite B. & L. Ass'n v. BursteinSupreme Court of Pennsylvania · 1932
  2. Schneider v. SchneiderSupreme Court of Iowa · 1904
  3. American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1926
  4. Shook v. Bergstrasser Et Ux.Supreme Court of Pennsylvania · 1946
  5. Jarvis v. BellSupreme Court of Pennsylvania · 1929

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