Estate of Kelchner

Citations

• 11 Pa. Super. 595
• 1899 Pa. Super. LEXIS 183

Syllabus

<p>Execution — Agreement to postpone prior lien — Fraud.</p> <p>One creditor of a failing debtor is not bound to take care of another; if a second execution creditor secures a position without litigation which the law would have given after a contest such action cannot, therefore, be a fraud upon the third creditor.</p> <p>It follows that, where a second execution creditor induces a first execution creditor, whose claim was fraudulent as to junior creditors, to postpone his lien, the fund is properly distributable to such second execution.</p>