De Guire v. St. Joseph Lead Co.

Citations

• 38 F. 65
• 1889 U.S. App. LEXIS 2787

Syllabus

<p>1. Ejectment — Defenses—Eraudulent Conveyances— Execution — Sale. It is a good defense to an ejectment that plaintiff's title is derived from a conveyance to her in fraud of her grantor’s creditors, one of whom after-wards obtained a judgment, and issued execution under which the land was sold to defendant’s predecessor in title, such fraudulent conveyance being void hy the state statutes.</p> <p>2. Same. It is immaterial whether the execution creditor was or was not the purchaser at the sale.</p> <p>8. Same — Laches. Defendant may rely on his equitable title and possession, and need take no action to obtain'the legal title, and lapse of time, therefore, does not affect his right to interpose the defense.</p>