61 A.2d 860 | Pa. | 1948
This is an appeal from a decree dismissing a bill in equity. President Judge MATTHEWS in his opinion correctly said that the question is: "Whether the owner of real estate encumbered by a first mortgage and by judgment liens, who has entered into a contract with a third *297
person to purchase and foreclose the mortgage in order to divest the judgment liens without paying them, to purchase the real estate at sheriff's sale, to manage and sell the same to divide the profits, may, through the intervention of a court of equity, regain the property or recover a share of the profits. The answer is obvious that he may not do so. That such an agreement is fraudulent as to creditors, both under the common law and the provisions of the Uniform Fraudulent Conveyance Act of May 21, 1921, P. L. 1045,
The findings made by the court below are all supported by the evidence and therefore they cannot be disturbed. The decree entered was on these findings a proper one. The decree is affirmed at appellant's cost.