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91 Pa. 462

McLaughlin v. McLaughlin

Supreme Court of Pennsylvania

Decided November 10, 1879

Supreme Court of Pennsylvania · decided 1879-11-10

<p>1. A sheriff sold the land of a debtor to a judgment-creditor, who after-wards conveyed the land to the wife of the debtor. Another creditor whose judgment wan prior to that on which the land was sold, subsequently sold and purchasec. the land on his own judgment, and brought ejectment against the wife t'heiefor. Held, that the second sheriff’s sale vested no title. Held, further, that the title of the defendant was vested in the vendee at the first sheriff’s sale, and the sheriff’s deed to him not having been contested on the ground of fraud, he had a perfect right to convey to the wife of the debtor, and ci editors of the husband could not attack her title.</p> <p>2: The decl nations of a vendor after he has parted with the land cannot be received in evidence to impeach the title of the vendee.</p>

Cited by 1 later decisions — most recently April 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-11-10

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¶1The judgment of the Supreme Court was entered,

Per Curiam.

¶2When this case was before this court on a former writ of error (4 Norris 317), it was held that the first sheriff’s sale to J. E. Willis vested the title in him, and we are not disposed *465to disturb that ruling. Willis afterwards sold and conveyed to Mary McLaughlin, the defendant, the premises; and the contention in the court below was that this deed was fraudulent because intended to hinder and delay the creditors of her husband, William McLaughlin. But the deed to Willis was not contested on that ground, and if the title was in him absolutely, he had a perfect right to make a gift to Mary McLaughlin, and the creditors of her husband could not attack her title. All the title of William McLaughlin was divested by the first sheriff’s sale. The proceedings upon the judgment against William McLaughlin, and the sale upon that subsequent to the deed to Willis, could vest no title in the plaintiff. We find no error in the rulings of the learned court below upon questions of evidence. Surely the declarations of a vendor, after he has parted with the land, cannot be received to impeach the title of his vendee.

¶3Judgment affirmed.

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