Assigned Estate of Hogan

Citations

• 181 Pa. 500
• 37 A. 548
• 1897 Pa. LEXIS 574

Syllabus

<p>Assignment for creditors — Fraud—General creditors — Judgment creditors.</p> <p>In the distribution of an estate assigned for the benefit of creditors, a general creditor, whose right to participate in the fund or property has been established, may be heard to charge fraud against a judgment creditor.</p> <p>In the distribution of an estate assigned for the benefit of creditors, lien creditors whose liens date prior to judgments alleged to be fraudulent are not such interested parties as can be heard to contest the rights of the judgment creditors whose judgments are alleged to be fraudulent.</p> <p>Married ivomen — Judgment—Record.</p> <p>A judgment against a married woman regular on its face, and not showing for what it was obtained, will not be stricken off upon the allegation that it was for necessaries for which the husband was primarily liable.</p> <p>Mortgage — Alteration—Filling up blanks — Delivery.</p> <p>Where a bond and mortgage by husband and wife is acknowledged and delivered to the mortgagee with the amount and time of payment blank, which blanks are afterwards filled in the presence of the wife whose property is the security for the mortgage, no one is prejudiced thereby, and there is, in fact, no alteration of the instrument.</p> <p>Judgment — Collateral attack — Assignment for creditors.</p> <p>In the distribution of an estate assigned for the benefit of creditors, a judgment entered upon a bond executed by one of the assignors cannot be attacked, where there is no allegation of fraud.</p> <p>In distributing ah estate assigned for the benefit of creditors the audifor has a right, at the instance of the creditors, to enter into an investigation of the bona lides of a judgment, and to determine whéther or not it was collusive and given to cheat, defraud, hinder or delay creditors.</p>