Dalley's Estate

Citations

• 13 Pa. Super. 506
• 1900 Pa. Super. LEXIS 188

Syllabus

<p>Fraud — Judgment— What constitutes fraud.</p> <p>To impeach the payment or security of an actual debt there should be evidence tending to show either, first, some other advantage or benefit to the debtor beyond the discharge of his obligation; or, secondly, some other benefit to the creditor beyond mere payment of his debt, or lastly, some injury to the other creditors beyond mere postponement to the debt preferred.</p> <p>Fraudulent judgment — Husband and wife.</p> <p>Where a judgment confessed by a husband to his wife was for an amount due for money borrowed from her long anterior to the confession,, the silence or even false statement of the husband to his creditors will not estop the wife from prosecuting her lien in the absence of any evidence showing knowledge on her part that any misrepresentation, by silence or false statement, was made by her husband and of any intent on her part to deceive.</p>