Lash v. Spayd

Citations

• 141 Pa. 360
• 21 A. 641
• 1891 Pa. LEXIS 1075

Syllabus

<p>[To be reported.]</p> <p>1. When a bill in equity, praying that an execution issued by the defendant against the plaintiff may be stayed, on the ground that the debt'is equitably paid, and for an account, etc., contains statements as to the nature of the plaintiff’s title to land levied on under the execution, such statements, if immaterial to the relief sought, cannot operate as an estoppel.</p> <p>2. An averment that, plaintiff’s husband being indebted to her and having given a judgment to another, it was arranged to prevent his wasting his estate and secure the same for the benefit of himself and his family, that he should convey it to his wife, and “in consideration of the promises ” such conveyance was made, is not an admission that the conveyance was voluntary or subject to a trust.</p> <p>3. In ejectment by a purchaser at sheriff’s sale against the wife of the person whose title was sold, the plaintiff alleging that the land was conveyed to the wife in fraud of creditors, 1lie record of the judgment in a former ejectment between the same parties, on the same title, is not receivable as a conclusive adjudication of the matters in dispute.</p>