Monroe v. Smith
Supreme Court of Pennsylvania
. Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875. This was an ejectment, brought February 18th 1874, by William H. Monroe against Reuben Smith. The land in dispute originally belonged to Rufus Montgomery, who conveyed it to John H. Balcom on the 29th of June 1859. On the 15th of February 1861, Balcom conveyed to Joseph De Hart, for the purpose of conveying to Mary R. Balcom, the wife of John H. Balcom.
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. Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875. This was an ejectment, brought February 18th 1874, by William H. Monroe against Reuben Smith. The land in dispute originally belonged to Rufus Montgomery, who conveyed it to John H. Balcom on the 29th of June 1859. On the 15th of February 1861, Balcom conveyed to Joseph De Hart, for the purpose of conveying to Mary R. Balcom, the wife of John H. Balcom. De Hart made the conveyance of Mrs. Balcom on the same day. To April Term 1867 of the court below, the defendant obtained a judgment against Balcom for…
1Opinion of the CourtJustice Gordon
The affirmance, by the court below, of the defendant’s fourth point, without qualification, was erroneous. It does not follow that because a deed is voidable as to existing creditors, by reason of the grantor’s fraud, it is therefore voidable as to subsequent creditors ; for it is bad only as to those whom it is intended to defraud : Byrod’s Appeal, 7 Casey 241. It is true there are cases where the fraudulent intent may be construed to extend to future creditors, as where the grantor, at the time of the execution of the deed, has entered into, or is about to enter into some hazardous…
2Cited by4 opinions
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- Long v. TrueTennessee Supreme Court · 1923
- Dayen's EstatePennsylvania Orphans' Court, Philadelphia County · 1929