Emaus National Bank v. David

Citations

• 70 Pa. Super. 92
• 1918 Pa. Super. LEXIS 179

Syllabus

<p>Equity — Conveyance to wife — Fraud on creditors — Remedy at law — Judgment.</p> <p>A bill in equity filed by a bank, which had discounted notes for a husband, to declare a mortgage and bond from the husband to his wife and judgment entered thereon, void as a fraud upon creditors, will be dismissed where the court finds’ as a fact on sufficient evidence that there was no fraudulent intent on the part of the husband or wife in the execution and delivery of the mortgage and bond, that these obligations were based on a valid money consideration given by the wife to the husband, that the bank had after the execution of the bond and mortgage begun proceedings to have ihe husband declared an involuntary bankrupt, and that the record did not disclose whether these proceedings had resulted in any adjudication.</p> <p>In such a ease the bank has an adequate remedy at law, either by the proceedings in the Federal court or by proceedings to secure a judgment on its notes against the husband and issuing an execution against the property conveyed to the wife.</p>