Cope v. Kidney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1886, No. 200. This was an action of ejectment brought to recover a lot of ground with the buildings thereon, situated in the city of Philadelphia, on the east side of Seventh street, 226 feet 3f inches northward from the north side of Susquehanna avenue, containing in front on said Seventh street 30 feet, and extending in depth eastward 174 feet 10-|- inches to Marshall street.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1886, No. 200. This was an action of ejectment brought to recover a lot of ground with the buildings thereon, situated in the city of Philadelphia, on the east side of Seventh street, 226 feet 3f inches northward from the north side of Susquehanna avenue, containing in front on said Seventh street 30 feet, and extending in depth eastward 174 feet 10-|- inches to Marshall street. Plea, not guilty. This lot was the property of Thomas Cope, who died seized thereof. By his will he devised his entire estate to his…
1Opinion of the CourtJustice Trunkey
The first and second assignments of error are not well taken. As the cause was tried, the only controverted question of fact was, whether Eliza Cope conveyed the land to Zeno Cope with intent to defraud the plaintiff, who was her creditor. It was competent to prove the declarations of both of them tending to establish such purpose, and, if the jury believed the testimony, they could hardly have avoided finding that the deed was executed for that purpose.
The defendant did not deny the validity of the plaintiff’s title on any ground other than that his deed was prior to the judgment which was…
2Cited by2 opinions
- Lennox v. WatersSuperior Court of Pennsylvania · 1927
- Elliott v. GilmoreU.S. Circuit Court for the District of Eastern Pennsylvania · 1906