Legal Opinion

Hartman v. Diller & Groff

Supreme Court of Pennsylvania

Decided July 6, 1869PublishedCited by 5 opinions

May 4th 1869. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 20, of May Term 1869. This was an issue under the Sheriff’s Interpleader Act, entered November 19th. 1866, in which Lewis Hartman was plaintiff and claimant, and G. J. Úiller and H. D. Groff were defendants.

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May 4th 1869. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 20, of May Term 1869. This was an issue under the Sheriff’s Interpleader Act, entered November 19th. 1866, in which Lewis Hartman was plaintiff and claimant, and G. J. Úiller and H. D. Groff were defendants. On the 20th of July 1866, the defendants, Groff and Diller, issued a fi. fa. against Jacob Bartel, under which the sheriff levied on certain goods as the property of Bartel, of which Hartman claimed to be owner. To test the ownership of the…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

The 1st assignment of error is that the court below erred in permitting the declarations of Bartel made after the sale to Hartman and not in Hartman’s presence to be given in evidence. As a general principle it is undoubtedly well established that the declarations of a grantor made after the execution of the grant cannot be made use of for the purpose of impeaching it. But the rule has been so far modified that when the bona fides of the transfer is attacked by creditors alleging' that it was intended to hinder, delay and defraud them,…

2Cases cited3 opinions

  1. Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
  2. Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
  3. Coil v. DavisOhio Supreme Court · 1832

3Cited by5 opinions

  1. Boyer v. WeimerSupreme Court of Pennsylvania · 1903
  2. Homewood People's Bank v. MarshallSupreme Court of Pennsylvania · 1909
  3. Commonwealth v. GoldsteinWashington County Court of Quarter Sessions · 1925
  4. Reichert v. Shuscavage, Pennsylvania Court of Common Pleas, Luzerne County1950
  5. Wickham v. Berwick Store Co.Superior Court of Pennsylvania · 1911

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