Isett v. Maclay

Citations

• 265 Pa. 165
• 108 A. 610
• 1919 Pa. LEXIS 518

Syllabus

<p>Deeds — Fraud on creditors — Future consideration — Notes—Delivery — Seal—Consideration—Gift—Debtor and creditor — Family relation — Bes judicata — Appeal—Question not raised below.</p> <p>1. A deed of land by an elderly -woman to a trained nurse in consideration of tbe latter giving up ber profession and serving the grantor for the remainder of the latter’s life, while not good against existing creditors, will be sustained against the claim of a nephew of the grantor, where it appears that the nephew stood in the position of a foster son to his aunt, lived with her during his early life, worked on her farm, paying for seed and other necessaries from time to time, without any agreement however that he should be repaid, or request on his part for such payment, and without any evidence of indebtedness on her part, except a promissory note under seal for a large amount signed by her, made payable at her death, and handed to him by a stranger four months after the aunt’s death, without its prior existence having been known either to the nephew or the grantee under the deed.</p> <p>2. In such a case, there was no such delivery of the note as to create the relation of debtor and creditor, or to make it sufficient as a gift. Even the seal did not import a consideration, as the instrument was undelivered in the maker’s lifetime.</p> <p>3. On a suit in equity by an alleged creditor of a decedent against a grantee of the decedent under a deed, made in consideration of (services to be rendered for the remainder of the grantor’s lifetime, a judgment secured against the administrator alone of the grantor, cannot be claimed on appeal as res judicata against the grantee, although the latter intervened, if it appears that no such question, was raised in the court below.</p>