Fidler v. John

Citations

• 178 Pa. 112
• 35 A. 976
• 1896 Pa. LEXIS 1139

Syllabus

<p>[Marked to be reported.]</p> <p>Execution — Sheriff's sale — Smallness of price — Presumption.</p> <p>A judgment creditor has a perfectly lawful right to enforce payment of his judgment by execution process, and to get the property of his debtor for just as small a price as he can, if the sheriff’s sale therof is public and fair. The smallness of the price realized by the sale does not afford any presumption of a wrongful intent on the part of the purchaser at such a sale.</p> <p>Deed — Fraudulent conveyance — Who may avoid it — Judgments—Idem.</p> <p>Judgment creditors are not affected by a fraudulent deed made br the debtor after the entry of their judgments, inasmuch as the fraudulent grantee takes title subject to their judgments.</p> <p>A conveyance intended to defraud creditors is not void, but only voidable by the creditor whom it was intended to defraud, and this does not include prior lien creditors. Such a conveyance changes the title, and after-acquired judgments against the grantor are liens against the title of the fraudulent grantee only, and not against the same title as the prior ones. Such prior liens are not, therefore, affected by sale under a judgment subsequent to the fraudulent sale.</p> <p>None but a person intended by the parties to a conveyance to be hindered, delayed or defrauded, or holding under such person, for instance, a purchaser at judicial sale in the collection of a debt due such person, can avoid the conveyance; for only as against such person or persons is the deed void under the statute of fraudulent conveyances.</p> <p>Deeds — Judgment creditor — Fraudulent conveyance — Execution—Advice of judgment creditor to his debtor to make fraudulent conveyance.</p> <p>A judgment creditor cannot lose his honest judgment against his debtor because he advises his debtor to cheat another creditor. If the debtor accepts the advice, and attempts to cheat his creditor, he becomes a party to the fraud, and cánnot set up that fraud even agains