Monroe v. Monroe

Citations

• 26 Pa. Super. 51
• 1904 Pa. Super. LEXIS 261

Syllabus

<p>Equity — Injunction—Partition—Fraud—Decedent’s estates.</p> <p>A court of equity has jurisdiction to restrain the sale of the real estate of a decedent who in his lifetime has conveyed the same to another, with a view of defrauding his creditors, the vendee or grantee in the deed having knowledge of the fraud and the estate of the decedent being insolvent, particularly where the creditor has a lien upon the land ; but this rule has no application to a case where a person seeking by bill in equity to enjoin partition proceedings alleges that he and decedent were jointly liable as executors, that the land was conveyed by decedent for the purpose of escaping liability and that if judgment were entered against the executors, the complainant would become a creditor by subrogation of the decedent’s estate, without any allegation, however, that he had paid anything, that he was liable to pay anything, that he would pay anything, or that he could pay anything.</p>