Kemmler v. McGovern
Supreme Court of Pennsylvania
Appeal, No. 135, Oct. T., 1912, by plaintiff, from decree' of C. P. No. 3, Allegheny County, Nov. T., 1911, No. 598, sustaining demurrer to bill in equity in ease of Anna M. Kemmler, Executrix of William Kemmler, Jr., deceased, v. Thomas McGovern and Mary S. McGovern, his wife. Bill in equity to set aside a conveyance. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 135, Oct. T., 1912, by plaintiff, from decree' of C. P. No. 3, Allegheny County, Nov. T., 1911, No. 598, sustaining demurrer to bill in equity in ease of Anna M. Kemmler, Executrix of William Kemmler, Jr., deceased, v. Thomas McGovern and Mary S. McGovern, his wife. Bill in equity to set aside a conveyance. The facts are stated in the opinion of the Supreme Court. Error assigned was the decree of the court sustaining demurrer to bill. — The court had jurisdiction: Orr v. Peters, 197 Pa. 606; Houseman v. Grossman, 177 Pa. 453; People’s Nat. Bank v. Loeffert, 184 Pa. 164. — There…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The bill in this ease was filed by a creditor who had obtained a verdict against one of the defendants on which judgment had not been entered. He alleged that this defendant had conveyed his real estate to the other defendant, his wife, for the purpose of hindering and defrauding his creditors and prayed for an injunction to restrain her from encumbering or conveying the land and for a decree declaring the conveyance to her void. A demurrer was sustained and the bill dismissed on the ground that the plaintiff had an adequate remedy at law.
Courts of equity and…
2Cases cited7 opinions
- Fowler v. KingsleySupreme Court of Pennsylvania · 1878
- Houseman v. GrossmanSupreme Court of Pennsylvania · 1896
- Hyde v. BakerSupreme Court of Pennsylvania · 1905
- Orr v. PetersSupreme Court of Pennsylvania · 1901
- People's National Bank v. LoeffertSupreme Court of Pennsylvania · 1898
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3Cited by5 opinions
- Sauber v. Nouskajian Et Ux.Supreme Court of Pennsylvania · 1926
- Handel & Hayden Building & Loan Ass'n v. EllefordSupreme Court of Pennsylvania · 1917
- Smith v. McClureSupreme Court of Pennsylvania · 1917
- Venne v. Kleiman, Pennsylvania Court of Common Pleas, Philadelphia County1951
- Seeds v. Franklin, Pennsylvania Court of Common Pleas, Delaware County1931