Lessee of Church v. Church

Supreme Court of Pennsylvania

Lessee of Church v. Church

4 Yeates 279

CourtSupreme Court of Pennsylvania

DecidedMarch 15, 1806

StatusPublished

Cited by3 cases

This text of 4 Yeates 279 (Lessee of Church v. Church) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lessee of Church v. Church, 4 Yeates 279 (Pa. 1806).

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Opinion

Tilghman, C. J.

I fully agree with Mr. Justice Bradford in his observation on that case, and that it varied from the law in England. 2 Dali. 172.

The court unanimously think this evidence cannot be received ; it directly militates against the act of frauds and perjuries. The greatest dangers would ensue. Here there is no resulting trust. The deed would enure as a voluntary deed, unless creditors were thereby defrauded. Neither on principle nor precedent can the testimony be admitted.

The jury gave a verdict for the plaintiff without leaving the bar.

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Tilghman, C. J.

I fully agree with Mr. Justice Bradford in his observation on that case, and that it varied from the law in England. 2 Dali. 172.

The court unanimously think this evidence cannot be received ; it directly militates against the act of frauds and perjuries. The greatest dangers would ensue. Here there is no resulting trust. The deed would enure as a voluntary deed, unless creditors were thereby defrauded. Neither on principle nor precedent can the testimony be admitted.

The jury gave a verdict for the plaintiff without leaving the bar.

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Bluebook (online)

4 Yeates 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lessee-of-church-v-church-pa-1806.

Opinion

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