Mates v. Young

Citations

• 251 Pa. 193
• 96 A. 479
• 1915 Pa. LEXIS 656

Syllabus

<p>Conveyances — Fraud on creditors — Gift from husband to wife— Valuable consideration — Ejectment—Parol evidence.</p> <p>1. Where judgment creditors of a husband brought an action of ejectment against his wife for certain real estate which he had conveyed to her in alleged fraud of creditors, a finding of the trial judge, to whom the case was submitted for determination without a jury, that the conveyance was for a valuable consideration, and, even if voluntary, would not have been fraudulent, as the grantor had retained sufficient property with which to pay hig then existing indebtedness, will not be reversed, there being evidence to support the finding.</p> <p>2. In such case the court did not err in allowing defendant by parol testimony to prove a consideration for the conveyance where a rule o’f court required the defendant in an action of ejectment “to file a statement containing an abstract of the title or facts on which he relies for his defense, whether the same be in writing or otherwise......Upon trial the defendant shall be confined to proof of the title and facts Stated by him in such abstract or statement, ......” and in compliance with such rule the defendant filed an answer and plea, and stated therein that “in addition will offer parol proof to sustain defendant’s title and right of possession,” and especially where the replication averred that parol evidence would be offered to show that the conveyance in question was without consideration and in fraud of creditors.</p>