Hiestand v. Williamson

Citations

• 128 Pa. 122
• 18 A. 427
• 1889 Pa. LEXIS 775

Syllabus

<p>1. A sheriff's sale of land under a judgment recovered subsequent to a fraudulent conveyance thereof by the defendant, will, if no reconveyance have been made to the defendant, merely vest in the purchaser the right which creditors had to avoid the conveyance, without divesting liens in existence when the conveyance was made.</p> <p>(a) Henry, the defendant in a judgment entered in favor of Leah et al., conveyed his land upon which the judgment was a lien to Daniel, his son, in consideration of one dollar, subject to existing liens. This conveyance was duly recorded. Schmoyer, a creditor of Henry,-subsequently recovered a judgment against him, the apparent title to the land still remaining in Daniel.</p> <p>(b) Daniel then reconveyed the land to Henry in consideration of one dollar, by a deed not put on record. Afterward, Schmoyer issued execution and caused the land to be put up at sheriff’s sale, when Daniel gave notice at the sale that he owned the land by virtue of the deed from Henry to himself, and that Henry had no title thereto, concealing the fact that he had reconveyed it to Henry.</p> <p>(c) After having given said notice, Daniel became the purchaser of the land at the sale for a nominal sum, afterwards receiving a deed from the sheriff. Leah et al. then issued a scire facias to revive their judgment, and caused the same to be served on Daniel as terre tenant, who made defence on the ground that their lien was discharged by the sheriff’s sale.</p> <p>2. Daniel’s notice at the sale being averred in the affidavit of claim, and not denied in his affidavit of defence, judgment was properly given against him for want of a sufficient affidavit of defence, as he was estopped by the notice from alleging against Leah et al. .that in consequence of his reconveyance to Henry the sale passed to him Henry’s entire title, discharged of liens.</p> <p>8. An allegation in an affidavit of defence that there is no balance due on the j udgment sought to be revived by a sc