75 Pa. 472 | Pa. | 1874
The opinion-of the court was delivered, May 11th 1874, by
The learned judge below — starting with the assumption that Daniel S. Nippes, in August 1853, when he made the gift to, or voluntary settlement upon his wife, was indebted to Jesse W. Ramsey for the balance of the purchase-money, and that such an indebtedness invalidated the conveyance, if it was of all the husband’s property, and more therefore than a reasonable provision for the wife — came logically to the conclusion that the gift or conveyance was void against the husband’s creditors. But
But apart from all this, what did the fund in court represent ? Not the property insured, whether real or personal, but the insurable interest of Mrs. Nippes in that property. If she had no insurable interest the policy was void — but that was a question exclusively between her and the insurers. They paid the money into court at her suit. What title did her husband’s creditors show to any part of it ? How was the insurance, admitting it to have been effected by the husband, with his own money, any fraud upon them unless to the extent of the premiums ? We have no evidence indeed that these premiums were paid with the husband’s money, but the wife being the owner of the farm, residing upon and being entitled to its produce, the presumption is that the money with which the
Decree reversed at the costs of the appellees, and record remitted that the fund in court may be paid or distributed, according to the principles of this opinion.