Feigenspan v. Driesigacker

Citations

• 195 Pa. 17
• 45 A. 481
• 1900 Pa. LEXIS 573

Syllabus

<p>Fraudulent convey anee—Execution—Ejectment— Sheriff's sale.</p> <p>After a levy upon real property in possession of a debtor he cannot, with a view to defeat the execution creditor, transfer the possession even .to the real owner, who must pursue his title by an ejectment against the purchaser at the sheriff’s sale.</p> <p>Where a mortgagee claims that the mortgage covered a particular lot, although it did not so appear on the face of the mortgage, the mortgagor cannot, by a confession of judgment in ejectment and proceedings thereunder, deliver possession of the lot to the mortgagee so as to defeat the right of an execution creditor of his own who had already levied upon the lot.</p>