Houseman v. Grossman

Citations

• 177 Pa. 453
• 35 A. 736
• 1896 Pa. LEXIS 1006

Syllabus

<p>Equity — Creditor's bill — Fraudulent conveyance.</p> <p>In Pennsylvania a creditor’s bill may be maintained to subject the land of a debtor which has been conveyed away in fraud of creditors to the claims of the latter, by setting aside the fraudulent conveyance, if the debtor is dead, and the creditor has a lien upon the land.</p> <p>Husband and wife — Fraudulent conveyance.</p> <p>. If a wife is a creditor of her husband she is within the protection of the statutes against fraudulent conveyances, and is entitled to invoke’ their benefit in case of a conveyance by her husband in fraud of her rights.</p> <p>Heeds — Fraudulent conveyance — Creditors of the grantor.</p> <p>A debtor cannot strip himself of his property by a conveyance to a third party, reserving at the same time a benefit therein to himself, or to members of Ms family. The act is fraudulent on its face so as to affect not only the grantee but, where the reservation appears in the deed, third parties also claiming under him.</p> <p>Married women — Fraudulent conveyance — Judgment.</p> <p>A married woman who joins with her husband in a conveyance of his lands to the husband’s sons in consideration of the support of herself and her husband is not thereby barred from enforcing the lien of a judgment which she had acquired against her husband’s estate for debt existing prior to the conveyance.</p> <p>A married woman joined with her husband in the conveyance of the latter’s lands to her husband’s sons, at a time when the husband was owing her $1,900 for borrowed money. The consideration named in the deed was $9,000, the payment of two debts of the husband amounting to $1,200, and the maintenance of the grantor and his wife. The two debts were paid, but the evidence tended to show that it was not intended that the remainder of the money consideration should be paid. It also appeared that the agreement as to the maintenance was not fulfilled. The sons went into possession, and the husband and wife removed