Brandon v. George

Citations

• 245 Pa. 57
• 91 A. 217
• 1914 Pa. LEXIS 830

Syllabus

<p>Real property — Fraudulent conveyances — Purchaser at sheriff's sale — Equity—Jurisdiction—Remedy at law — Ejectment.</p> <p>In a suit in equity to enjoin the conveyance of certain real estate it .appeared that defendants were a mother and son, that the mother had originally owned the property and had conveyed it to her son, who had given a bond, with a warrant of attorney to confess judgment in part payment therefor, that the son had subsequently conveyed the property to his mother, that judgment was entered on the bond subsequently to this conveyance, and that the judgment was assigned to plaintiff. Plaintiff thereafter purchased the son’s interest in the property at a sheriff’s sale, and alleged that the conveyance to the mother was fraudulent. Plaintiff prayed that the mother be required to hold the property in trust for the son so that plaintiff’s judgment might be a lien on the' son’s interest. The lower court awarded the relief prayed for. Heldj that equity had no jurisdiction of the case, that whether the conveyance to the mother was fraudulent and whether plaintiff had a paramount title, could be determined in an action of ejectment, and the decree was reversed.</p>