7 Pa. 263 | Pa. | 1847
As in every other case of an article ordered, the first contract in this case was executory. It was for a finished article, and nothing but the delivery of a finished article could satisfy it. But the terms of it might be altered or even entirely changed by a new bargain ; and were they not ? The plaintiff, being the vendor’s creditor, received the wagon 'in an unfinished state, in satisfaction of his debt, when his debtor was breaking up; and certainly any one may acquire title to an article by paying for it, and receiving it as it exists at the time. There is no principle of law to forbid it. The finishing is a condition of the contract
And the transaction stood clear of exception on the ground of collusion. Had the vendee purchased the property to assist the vendor in getting it out of the reach of his creditors, the contract would have been fraudulent, by the 13 Eliz., though he had paid a full price presently advanced for it. But it is universally true, that where there is a true debt there is no collusion. Till the execution had actually come into the sheriff’s hands, the creditor had a right to secure his debt, by taking whatever tbe debtor bad to give in satisfaction of it. The property, it seems, was not bound by the execution when it was delivered, and the rest was a matter between the parties to the contract.
Judgment reversed, and venire de novo awarded.