Chilson v. Thall

Citations

• 119 Pa. 425
• 13 A. 466
• 1888 Pa. LEXIS 563

Syllabus

<p>An old man conveyed his farm to his son-in-law receiving as part consideration a bond conditioned for his support during life. Afterward he filed a bill in equity to cancel the conveyance on ¡the ground of fraud and threats, but failed and was decreed to pay the costs.</p> <p>Judgment having been entered on the bond, a scire facias averring breaches of the bond was then issued, on the trial of which a settlement was made by an agreement commuting the support protected by the bond to a certain annual cash payment and certain supplies in kind to be paid and delivered by the obligee.</p> <p>Afterward the son-in-law entered judgment on his decree for costs, and, an execution issued to collect being returned nulla bona, filed a bill in equity to have the cash payments under the agreement referred to applied in discharge of his claim for costs.</p> <p>A decree pro confesso for want of a plea, answer or demurrer having been entered, the defendant moved to vacate it, presenting an answet responsive to the bill. The court, holding the answer insufficient, refused to vacate the decree pro confesso and made a final decree granting the prayers of the bill.</p> <p>On an appeal from said final decree: Held,</p> <p>1. That, the plaintiff still having the title to the home and farm of his father-in-law, conveyed to him in consideration of his promise of support, and the substituted allowance appearing as the only protection of his grantor from want, a court of equity was not the place to seek the relief prayed for.</p>