Legal Opinion · Dissent

Weller v. Meeder

Superior Court of Pennsylvania

Decided July 16, 1896No. Appeal, No. 102Published

Appeal, No. 102, April T., 1896, by defendant, from judgment of C. P. Butler Co., June T., 1896, No. 1, on verdict for plaintiff. Rice, P. J., Beaver and Orlady, JJ., dissent.

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Appeal, No. 102, April T., 1896, by defendant, from judgment of C. P. Butler Co., June T., 1896, No. 1, on verdict for plaintiff. Rice, P. J., Beaver and Orlady, JJ., dissent. Dissenting opinion by Orlady, J. Feigned issue to determine the ownership of certain personal property levied on by the sheriff as the property of Mary A. Weller and claimed by Newton Weller, plaintiff, as against Edwin Meeder, administrator of W. H. Ifft, deceased, defendant in the feigned issue and plaintiff in the execution. Debt, #68.70. Mary A. Weller sold certain personal property to her son, the claimant and…

1Dissent

Dissenting Opinion by

Orlady, J.,

October 21, 1896.

I am not willing, under the facts as found, to adopt the conclusion reached by the majority opinion in determining, as fraudulent in law, the sale of this personal property.

The bona fides of the transaction was established by uncontra'dicted evidence and a verdict. The fact that the deed to the son for, and lease to the mother of, the life estate were executed one month after the sale and lease of-the personal property, is not a fatal objection to the.integrity of the first transaction, as all the transfers were complete and the deed on record…

2Cases cited19 opinions

  1. Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
  2. Stephens v. GiffordSupreme Court of Pennsylvania · 1890
  3. McKibbin v. MartinSupreme Court of Pennsylvania · 1870
  4. Goss Printing Press Co. v. JordanSupreme Court of Pennsylvania · 1895
  5. Crawford v. DavisSupreme Court of Pennsylvania · 1882

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