Legal Opinion

Preston v. Jones

Supreme Court of Pennsylvania

Decided June 29, 1865PublishedCited by 2 opinions

Error to the District Court of Philadelphia. This was an action of ejectment brought to December Term 1863, by Andrew M. Jones against Edward Preston, Jr., for ten houses and lots in Manayunk. On the trial the counsel of the plaintiff offered and gave in evidence two deeds-poll from John Thompson, Esq., sheriff, to plaintiff, dated September 11th 1863, for the premises described in the writ of ejectment. And also the writ of ejectment and the sheriff’s return thereto.

Read the full summary

Error to the District Court of Philadelphia. This was an action of ejectment brought to December Term 1863, by Andrew M. Jones against Edward Preston, Jr., for ten houses and lots in Manayunk. On the trial the counsel of the plaintiff offered and gave in evidence two deeds-poll from John Thompson, Esq., sheriff, to plaintiff, dated September 11th 1863, for the premises described in the writ of ejectment. And also the writ of ejectment and the sheriff’s return thereto. He then gave in evidence the following records of the said court, of the judgments and proceedings on which said premises were…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

A voluntary deed by a person not indebted at the time, is good as against subsequent creditors of the grantor, but “ if the purpose of a grantor in a voluntary conveyance be to withdraw tlm property from the reach of debts which he intends to contract; if such be his motive for the conveyance, no doubt it is invalid as against the debts subsequently incurred:” Snyder v. Christ, 3 Wright 506, per Strong, J. In New York the Court of Appeals, in Babcock v. Eckler, 10 Smith 623, held, that a voluntary conveyance by a husband to a wife, he…

2Cases cited3 opinions

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
  2. Granstaff v. StateTennessee Supreme Court · 1932
  3. Pattison v. StewartSupreme Court of Pennsylvania · 1843

3Cited by2 opinions

  1. Isett v. MaclaySupreme Court of Pennsylvania · 1919
  2. Shakely ex rel. Bartley v. GuthrieSuperior Court of Pennsylvania · 1896

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API