Legal Opinion

Stevens v. Brown

Supreme Court of Pennsylvania

Decided May 24, 1886Published

Error to the Common Pleas of Potter County to review a-, judgment for defendants in an action of ejectment. This action was brought by J. W. Stevens against Wm. M.. Brown, A. F. Dodge, and Samuel Metcalf, to recover possession of a tract of land in Plarrison township, Potter county. Met-calf and Dodge filed disclaimers, and Brown appeared and pleaded not guilty.

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Error to the Common Pleas of Potter County to review a-, judgment for defendants in an action of ejectment. This action was brought by J. W. Stevens against Wm. M.. Brown, A. F. Dodge, and Samuel Metcalf, to recover possession of a tract of land in Plarrison township, Potter county. Met-calf and Dodge filed disclaimers, and Brown appeared and pleaded not guilty. The following are the facts substantially as found by the-referee: It was admitted that on May 17, 1879, title to the land in-controversy was in George Fox and the executors of Sobieski Boss, and that said owners did on May 17, 1879,…

1Per curiam

It is found as a fact that there was not any actual, constructive, legal, or intended fraud in the confession of judgment. Such being the case, its validity cannot be impeached in this contention. It is wholly unlike Forrester v. Hanaway, 82 Pa. 218, in which we held that the facts there proved constituted a. fraud on other creditors.

2Cases cited1 opinion

  1. Forrester v. HanawaySupreme Court of Pennsylvania · 1876

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