Buckby v. Sturtevant

Citations

• 28 Pa. Super. 552
• 1905 Pa. Super. LEXIS 244

Syllabus

<p>Mortgage — Deed—Fraud on creditors — Terre-tenants.</p> <p>Where real estate is conveyed in fraud of creditors and as a part of the fraudulent transaction, the grantor takes back a mortgage conditioned for his maintenance for life, and a creditor disregarding the fraudulent conveyance, enters judgment against the grantor, sells the land at sheriff’s sale; obtains and records his deed, and then conveys to a party who takes possession, such party when brought in as a terre-tenant by scire facias on the fraudulent mortgage, may defend against it, although strictly and legally speaking he is not a terre-tenant. Rowland v. Martin, 6 Atl. Repr. 223, and 4 Cent. Repr. 760, explained and followed.</p>