Cairns v. Ingram

Citations

• 8 Pa. Super. 514
• 1898 Pa. Super. LEXIS 91

Syllabus

<p>Jurisdiction, equity — Cancelation of fraudulent deed — Debtor and creditor.</p> <p>Where a debtor conveys all his real estate, with intent to defraud his creditors, and then dies insolvent, a court of equity has jurisdiction, upon bill filed by creditors intended to be defrauded, to decree the conveyance to be null and void as to such creditors and to decree a sale of the land in satisfaction of the claims unless they should be paid in a specified time and to enjoin the' fraudulent vendee from conveying the land in the mean time. Fowler’s Appeal, 87 Pa. 449, followed.</p> <p>Equity practice — Equity rules — Allegations of fraud raising issue of fact.</p> <p>By the equity rules all defenses in equity oases shall be made by answer or demurrer. All issues of fact must be by answer.</p> <p>The bill alleging a fraudulent conveyance and the answer denying the allegations of fraud, it is error for the court below to entertain and sustain a motion to dismiss the bill without any findings of fact whatever, or any finding of law, except that there was a full and adequate remedy at law. Such a case is not of the character of those clearly not cognizable in equity and having been brought to trial on the issues of fact should have been allowed to proceed until the proofs were all in.</p>