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McDonald v. O'Neil

McDonald v. O'Neil, 28 A. 1081 (Pa. 1894)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
April 23, 1894
Docket
Nos. , No. 156
Judges
Dean, Fell, McCollum, Mitchell, Williams
Citations
28 A. 1081161 Pa. 2451894 Pa. LEXIS 677
Disposition
Affirmed.
Syllabus
Fraudulent conveyance of land — Subsequent creditor. A purchaser of land caused it to be conveyed to his son. A creditor who became such years afterward cannot impeach the deed to the son as procured to defeat creditors.
Summary
Appeal, No. 156, July T., 1898, by defendant, D. L. O’Neil, from judgment of O. P. Luzerne Co., March T., 1898, No.0lll, on verdict for plaintiff, Patrick G. McDonald. Ejectment. Before Rice, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was binding instruction for plaintiff, quoting it.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam,

The house and lot in controversy belonged formerly to the defendant. He sold it to Michael McDonald, and when the deed came to be made in 1879, at the request of the purchaser it was made not to him, but to his son, the present plaintiff, then but eight or nine years of age. In 1887, O’Neil obtained a judgment against Michael McDonald, the father, and caused this house and lot- to be seized by the sheriff and sold as his property. He became the purchaser at sheriff’s sale and got into possession. This action is by the son, the grantee of O’Neil in the deed of' 1879. The defendant seeks now to show that the father was indebted in 1879 and had the deed made to the son to hinder and delay creditors. If this was so no one of those sought to be defrauded is complaining, and O’Neil is in no position to avail himself of the alleged fraud meditated against other persons, and by which he has neither been injured nor misled.

The judgment is affirmed.

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