Smith v. Grim
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. ■ This was an ejectment brought by Daniel Smith and wife, against Joshua Grim and Andrew Giltner, to recover -two tracts of land; one containing 30 acres, and the other 79 perches. John Notestein was the owner of the premises in dispute, and on the 9th of March, 1844, conveyed the 30 acre tract by deed to Catharine Fry, who was married to Daniel Smith in 1847. • The consideration named in the deed was $500, but no money was paid.
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Error to the Common Pleas of Lehigh county. ■ This was an ejectment brought by Daniel Smith and wife, against Joshua Grim and Andrew Giltner, to recover -two tracts of land; one containing 30 acres, and the other 79 perches. John Notestein was the owner of the premises in dispute, and on the 9th of March, 1844, conveyed the 30 acre tract by deed to Catharine Fry, who was married to Daniel Smith in 1847. • The consideration named in the deed was $500, but no money was paid. Catharine Fry had lived with Notestein from 1829, being then about five or six years of age, and her services in his…
1Opinion of the Court
The opinion of the court was delivered by
Lowrxe, J.
The court left to the jury the question of the fraudulency of the conveyance of Notestein to Mrs. Smith, in the very terms of the fourth point put by his counsel, and they found the fact against her. . We therefore assume this fact as settled, in considering the other points.
The conveyance is good as against Notestein and his heirs, and bad only as against creditors. His heirs have and can have no interest in the process by which the creditors seek to recover it or its value from the fraudulent vendee, and therefore they were not necessary…
2Cited by5 opinions
- Continental Bank v. FrankSupreme Court of Pennsylvania · 1985
- Ziska v. Lerch Et Vir.Superior Court of Pennsylvania · 1944
- Irwin v. HessSuperior Court of Pennsylvania · 1899
- McCormick v. SkellySupreme Court of Pennsylvania · 1902
- Pavlow v. DiFabio, Pennsylvania Court of Common Pleas, Delaware County1972