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1 Hugh Clark, Plff. in Error, vs. Isaac and Charles A. G. Depew, Defendants in Error and Plaintiffs Below: Sup. Ct., E. D. Pa., March T., 1853, No. 7; Counter Statement of the Defendants in Error 1853

handle is hein.trials/adik0001 and id is 1 raw text is: Hugh Clark, Plff. in Error, vs. Sup. Ct., E. D. Pa. Isaac and Charles A. G. De- ,,March T., 1853. pew. Defendants in Error No. 7. and Plaintiffs below. ) COUNTER STATEMENT OF THE DEFENDANTS IN ERROR. The real history of this case is as follows Benjamin Wilson, formerly a resident of Kensington, being engaged in the year 1849 and previously, as a contractor upon the Hudson River Railroad, became largely indebted to the plaintiffs below and to other persons, for money loaned and for goods sold to him in the prosecution of his business. On the 18th of May, 1849, the plaintiffs below obtained a judg- ment against him in the Supreme Court of New York, in and fbr the County of Westchester, for $1903,45. Other judgments were obtained in the same Court against Wilson by other creditors. (See them on page 9 of printed record.). Wilson having left the State of New York without paying any of these creditors, their judgments against him were sent to Philadelphia for collection, where they were informed he owned certain real estate. Suits were commenced against him in Philadelphia on-all these judgments upon the 24th of May, 1850. While these suits upon the judgments obtained in New York were pending against him, Wilson endeavored, as the plaintiffs alleged, under color and by the contrivance of a ficti- tious public sale, to prevent his creditors from getting hold of his real estate. Accordingly, on the 25th of June, 1850 a colora- ble sale took place, and Clark, who was an intimate acquaintance of Wilson, became the ostensible purchaser of the premises which were the subject of this ejectment. 'There are, as is T.-1

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