Kemmler v. McGovern

Citations

• 238 Pa. 460
• 86 A. 304
• 1913 Pa. LEXIS 992

Syllabus

<p>Equity — Equity jurisdiction — Fraudulent conveyances — Bill to set aside — Adequate remedy at law — Ejectment.</p> <p>1. Courts of equity and courts of law have concurrent jurisdiction when property has been fraudulently conveyed or encumbered in order to defeat the claims of creditors, but jurisdiction in equity will not be entertained where the remedy at law is full, complete and adequate. The common law right to trial by jury will not be taken away where it is adequate to furnish full redress.</p> <p>2. A bill in equity to set aside a conveyance alleged to have been fraudulently made to defeat the claims of creditors, filed by a creditor who had obtained a verdict against the defendant debtor on which judgment had not been entered, will be dismissed on demurrer. The proper manner to test the validity of such a transaction is by a sheriff’s sale, purchase of the land and an action in ejectment.</p>