Duncan v. Duncan

Citations

• 265 Pa. 471
• 109 A. 222
• 1920 Pa. LEXIS 462

Syllabus

<p>Practice, Supreme Court — Appeals—Statement of question involved — Findings of fact — Transfer of property — Fraud—Evidence.</p> <p>1. In considering an appeal the Supreme Court will not go beyond the points raised by the statement of the questions involved.</p> <p>2. A statement of the question involved “Can a husband transfer his personal property in payment of his debts, regardless of coverture?” does not properly raise the question whether or not he did so.</p> <p>3. This court will not reverse the findings of fact of the court below unless clear error is shown.</p> <p>4. Nor will it reverse a finding that an alleged transfer of property was fraudulent, where the only testimony to sustain it was by a 'hostile witness, whero writings relied upon are not produced and their absence is not explained, and the case is full of suspicious circumstances which tend to show the fraudulent character of the transfer.</p> <p>5. A party to a suit cannot be heard to complain regarding a decree in personam against a third party.</p>