Blau v. Bernagozzi

Citations

• 54 Pa. Super. 111
• 1913 Pa. Super. LEXIS 21

Syllabus

<p>Contract — Sale—Personal property — Transfer of possession — Landlord and tenant — Rights of judgment and execution creditor — Judgment— Collateral attack upon judgment.</p> <p>1. Where the tenant of a licensed hotel being in arrears of rent, executes to his landlord a bill of sale of the furniture of the hotel in payment of the arrears of rent, and the landlord at the same time executes to the tenant a lease of the furniture, but there is no actual change of possession, a creditor of the tenant whose, debt has been reduced to a judgment prior to the date of sale may levy upon the furniture and sell it as the property of the tenant; and this is so although there may have been no fraud or collusion between the landlord and tenant. In such a ease the landlord cannot, on the distribution of the proceeds of the sale attack the validity of the judgment unless there has been fraud and collusion between the tenant and''the judgment creditor in the entering of the judgment.</p> <p>2. Judgment creditors may attack a judgment collaterally when it is a fraud upon them, as when there has been collusion between the debtor and creditor, but they cannot set it aside merely because it was a fraud upon the debtor.</p>