Barrell v. Adams

Citations

• 26 Pa. Super. 635
• 1904 Pa. Super. LEXIS 371

Syllabus

<p>Deed — Fraudulent conveyance — Lien creditor.</p> <p>A deed is not fraudulent as to a creditor whose debt is secured by a judgment or other lien upon the land conveyed. The lien creditor may follow the land, irrespective of changes in title, whether honest or dishonest.</p> <p>Judgment — Revival—Lien—Notice to terre-tenants.</p> <p>Where land subject to a judgment has been conveyed, and thereafter the judgment is revived against the defendant alone without naming the terretenant in the scire facias, the lien of the judgment on the land is lost.</p> <p>Equity — Jurisdiction—Enjoining use of execution process — Judgment.</p> <p>Where an execution is being used to harass or annoy another, or to cast a cloud upon the title to land, or to levy and sell the same in a case where it is clear that the defendant in the judgment has no shadow of title or interest which can be sold, equity will intervene and restrain the sale to prevent the casting of a shadow upon the plaintiff’s title, as by a sale under a judgment against their vendor.</p> <p>Where land subject to a judgment has heen conveyed, and afterwards the judgment has been revived without notice to the terre-tenants, and the ■ lien on the land is lost, the plaintiff will be restrained from issuing execution to sell the land; and this is especially so where he has delayed for ten years after the deed was recorded.</p>