2 Pa. Super. 414 | Pa. Super. Ct. | 1896
Opinion by
(after reciting the facts as above) :
It is claimed by the appellant here that the real estate of Andrew Bott was not bound by the judgment entered in No. 78 of December term, 1886, the suit not having been brought until after his death and his real estate having been conveyed in his lifetime to his daughter, Mary Jane Murdock. If the deed of Andrew Bott to Mary Jane Murdock, dated February 24, 1881, conveys a good title to the real estate therein described as against creditors of the said Bott, who were such at the time of the making of the deed, this contention of the appellant must prevail. The only question for consideration in the case is the validity of this deed, so far as the rights of the appellee are concerned. All the assignments of error relate to this single
In the case of McAllister v. Marshall, 6 Binney, 338, Chief Justice Tilghman in his opinion says: “We have no bankrupt law. In considering therefore what an insolvent debtor may do and what he may not do as to the disposal of his estate, we must have recourse to the common law and the provisions of the statute of 13 Eliz. chap. 6. The debtor may prefer one creditor to another and for this purpose he may make a conveyance of any part of his property at its fair value, but he cannot under a pretense of preferring one creditor, make-a conveyance for the purpose of hindering others from coming at his property nor, above all, can he by any mode of contrivance or secret trust cover any part of his effects from the legal process of any of his creditors.”
Mr. Justice Duncan, in the case of Thompson v. Dougherty, 12 S. & R. 448, tried by him at nisi prius, in his charge to the jury, says : “ I have examined with care not only the English authorites but the American decisions and have come to the following conclusions : First. Where there is a voluntary settlement and indebtedness at the time and the recovery of. these debts is delayed, hindered or defeated, that such settlement, is fraudulent and void and that the avoidance of it on account of such indebtedness lets in the subsequent creditors on the property to satisfy their debts.”
In Hennon v. McClane, 88 Pa. 219, Chief Justice Agnew says: “It is well settled that one in debt cannot convey away all his property to his wife or children by way of settlement merely and without adequate consideration, nor can he convey his property in consideration of a support for himself or those dependent upon him, where the effect is to deprive his creditors of the means of payment of their debts; indeed the decisions do not stop here, for the statute of 13 Eliz. being directed against conveyances that hinder and delay creditors as well as those made with a covinous intent, bargains which are not ordinary sales to pay debts but which are unusual and tie up property out of the reach of creditors”, preventing the collection of their debts in the ordinary course of law are held to be against the statute and therefore fraudulent in law.” Of like tenor are numerous other cases which need not be cited. We have selected the foregoing as representative of different times and characteristic of the distinguished judges who rendered the decisions.
As between the present appellee and Mary Jane Murdock, the alienee of Andrew Bott, there can be no doubt that the deed of the 24th of February, 1881, hereinbefore cited, is
The testimony of the appellee in the court below clearly-showed that the trouble anticipated was from the indebtedness of Bott to Shakely. The deed of Mrs. Murdock to her was
No question is raised by the appellant in regard to the general character of the judgment rendered against the several defendants as to whom issue was joined. We have been able to discover no evidence in the case which can sustain a judgment against A. B. Gibson and M. E. Gibson. As to Belle Gibson, judgment should have been entered de terris and not generally. The appellant however has taken no exception to these irregularities and we have no doubt they will be corrected by the court below, by limiting the execution process upon the