Lessee of Galbreath v. Eichelberger
Supreme Court of Pennsylvania
Ejectment for three undivided eighth parts of lands in Mon-aughan township. It was admitted, that James Dill was seized of these lands.
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Ejectment for three undivided eighth parts of lands in Mon-aughan township. It was admitted, that James Dill was seized of these lands. The lessors of the plaintiff claimed as his daughters, and their title depended on invalidating a deed made by their father to their brother John Dill, for the premises, dated 13th April *1784, in consideration of 600I. It was contended, that p - John was then under 21 years of age, and a mere trustee ^ 5 to preserve the title in the family against the effects of two sheriff’s bonds, in which the father was surety for Charles Lu-kens, esq. on one of which a…
1Opinion of the Court
The court were divided in opinion, whether the witness was receivable on the ground of interest. Yeates, J. declared himself in the affirmative, and Smith, J. in the negative. But they readily agreed that he was privileged from giving evidence, under the maxim cited. They could not avoid seeing the tendency of his examination, disguise it as you will. The plaintiffs’ strong hold was, that the deeds were executed to protect the property against the judgment, which was to ensue in six months, and that the father and sons combined together to defraud the creditors of the former, and to create a…
2Cited by16 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
- Commonwealth v. SwinehartSupreme Court of Pennsylvania · 1995
- Commonwealth v. DucaSupreme Court of Pennsylvania · 1933
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