American Trust Co. v. Kaufman

Citations

• 276 Pa. 35
• 119 A. 749
• 1923 Pa. LEXIS 523

Syllabus

<p>Foreign attachment — Conveyance by husband to wife — Fraud— Attachable interest of husband in real estate — Act of May 21, 1921, P. L. 1045.</p> <p>1. Where a wife’s title is acquired by deed from her husband, for a nominal consideration, the conveyánce is voluntary and presumptively fraudulent against creditors. ■</p> <p>2. Where there is a conveyance of property by husband to wife for. a nominal consideration, and a claim that the consideration set forth in the deed is not the true one, but that the real purchase price was the payment to her of a bona fide debt due by her husband, alleged to have been created, as to a large part of it, long prior to the execution of the deed, and without the usual muniments to evidence it, there is such an interest in the land conveyed remaining in the husband as to be within the grasp of a foreign attachment.</p> <p>3. As the husband’s interest could have been levied upon by a domestic judgment creditor, there is no reason why it should not be attached by a foreign judgment creditor.</p> <p>4. The Act of May 21, 1921, P. L. 1045, although passed subsequent to such conveyance, has a persuasive bearing on the question whether the husband’s interest could be attached, inasmuch as it provides, in section 9, that where a conveyance is fraudulent as to a creditor the latter may “disregard the conveyance and attach or levy execution upon the property conveyed.”</p> <p>5. In such case the wife has adequate remedies both in law and in equity to protect herself, if in fact the conveyance was without fraud.</p> <p>Foreign attachment — Defective return — Act of June 13, 1836, P. L. 581, section 49 — Laches—General appearance.</p> <p>6. A motion to quash a writ of foreign attachment on the ground that the sheriff’s return, although showing a service on tenants of real estate, did not show that they were holding under defendant, as required by section 49 of the Act of June 13, 1836, P. L. 581, is too late where it was not made until after t