Kutz v. Nolan

Citations

• 224 Pa. 262
• 73 A. 555
• 1909 Pa. LEXIS 777

Syllabus

<p>Trusts and trustees — Irrevocable deed of trust — Attem/pt to defeat trust — Judgments—Execution—Premature attachment — Execution.</p> <p>Where a cestui que trust in an irrevocable deed of trust gives a judgment note as security for a loan, and the person making the loan knowing that it is a mere device to defeat the trust enters up the judgment and issues execution the day before the maturity of the note, the issuance of the attachment execution against the trustee is premature, and is such an irregularity as cannot be waived by the acquiescence of the defendant in the judgment. In such a case the trustee must act in good faith to the cestui que trust, and by using the information in his possession contest every inch of ground to prevent a recovery by the attaching creditor. If he fails to do so he will be liable in damages.</p>