Shontz v. Brown
Supreme Court of Pennsylvania
Error to the Common Pleas of Orawford county. This was an action of ejectment by Peter Brown against Samuel Shontz for 130 acres of land in Crawford county. Jacob Shontz, the father of the defendant, had been the owner of 428 acres of land in Sadsbury township, embracing the land in controversy. Several years prior to 1838 he conveyed to his sons, Christian and John, 100 acres each, off of the eastern end of the tract.
Read the full summary
Error to the Common Pleas of Orawford county. This was an action of ejectment by Peter Brown against Samuel Shontz for 130 acres of land in Crawford county. Jacob Shontz, the father of the defendant, had been the owner of 428 acres of land in Sadsbury township, embracing the land in controversy. Several years prior to 1838 he conveyed to his sons, Christian and John, 100 acres each, off of the eastern end of the tract. And on the 21st day of September, 1838, he and his wife, by an instrument of writing, conveyed the balance to his two sons, Jacob and Samuel, 100 acres to the former, and the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The first question which arose on the trial of this cause was whether the deed of 21st September, 1838, Jacob Shontz and wife to their sons, Jacob and Samuel, was a voluntary conveyance or not. If a voluntary conveyance it was fraudulent and void as to existing creditors, for it was a conveyance of his whole estate real and personal, and such a conveyance an indebted party has no • right to make. And if the deed was, in the language of the statute 13 Eliz. cap. 5, “void, frustrate, and of none effect,” then old Jacob Shontz died seised, and…
2Cases cited1 opinion
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
3Cited by11 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Namy v. BlackSupreme Court of Pennsylvania · 1951
- Mathias v. MathiasSupreme Court of Iowa · 1914
6 more not listed; retrieve them via the Exa API.