Byrod's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lancaster county. This was an appeal by George Byrod, from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of Henry Greep.
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Appeal from the Common Pleas of Lancaster county. This was an appeal by George Byrod, from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of Henry Greep. Henry Greep was the owner of two several tracts of land in Lancaster county, which was subject to the lien of the following judgments, to wit: George Byrod, 30th April 1855 . . » $1450.00. Christian Aumand and wife, 24th December 1855 1000.00. John W. Greep, 29th “ “ 394.30. On the 3d January 1856, Henry Greep, in consideration of $2300, conveyed both tracts to his brother, John W. Greep, one…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
When Henry Greep conveyed his land to John, he exercised a plain right that did no harm to prior lien-creditors. If he had simply given it away, they could have nothing to say against it, though this would be a fraud on other creditors. Even if the conveyance was a mere sham, for the express purpose of defrauding creditors, it could not affect prior lien-creditors, and we do not see what they could have to do with the transaction.
Supposing it to have been intended to defraud creditors, it was not therefore void, but only voidable by the…
2Cited by8 opinions
- Henderson v. Henderson, Pennsylvania Court of Common Pleas, Delaware County1890
- Ritter v. WraySuperior Court of Pennsylvania · 1911
- Hiestand v. Williamson, Pennsylvania Court of Common Pleas, Northampton County1889
- Fidler v. JohnSupreme Court of Pennsylvania · 1896
- Barrell v. AdamsSuperior Court of Pennsylvania · 1904
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