De Wolf v. McNabb

Decided October 26, 1885

Supreme Court of Pennsylvania · decided 1885-10-26

This was an action of ejectment, brought by A. G. McNabb and wife, in the right of the wife against the defendant, L. H. He Wolf, to recover a piece of-land situate in the borough of .'Sharon, containing about 1/3 of an acre. The plaintiff and defendant both traced title from one J. D. •Smith, as common source; and the real controversy in this case •concerned the good faith of a conveyance by Smith to the defendant’s predecessor in title, one Hofius.

Cited by 1 later decisions — most recently April 1938

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1885-10-26

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Per Curiam :

¶1We have given the evidence in this case a careful examination and consideration. The main contention is that of fraud in the transaction.

¶2This opened a wide door to the admission of evidence.

¶3There certainly was evidence tending to show the conveyance by Smith to Hofius was made and accepted with intent to defraud McNabb; and there is also sufficient evidence to submit to the jury that He Wolf was not a bona fide purchaser for value without notice. The evidence was fairly submitted, and we see no sufficient reason for disturbing the judgment.

¶4Judgment affirmed.