Fidelity Insurance, Trust & Safe Deposit Co. v. Madden

Citations

• 190 Pa. 69
• 42 A. 547
• 1899 Pa. LEXIS 981

Syllabus

<p>Sheriff's interpleader-Fraudulent convey anee — Father and son — Evidence — Question for jury.</p> <p>On a sheriff’s interpleader where the plaintiffs, who are executors, claim the property under a bill of salo made by the defendant in the execution to Ms father, the testator, the burden is upon the plaintiffs to establish title, and if the defendant introduces evidence tending to show that at the date of the bill of sale and for some time prior thereto the son was greatly harassed by his creditors whose urgent demands ho was unable to meet, and that the sale was resorted to for the purpose of protecting his property from seizure and sale by his creditors, and not with the view of effecting a bona fide transfer of title from the son to Ms father, the case is for the jury.</p>