Moseby v. Fleck

Citations

• 233 Pa. 102
• 81 A. 930
• 1911 Pa. LEXIS 472

Syllabus

<p>Sheriff’s sale — Real estate — Rights of purchaser — Prior conveyance in fraud of creditors — Right of possession.</p> <p>A purchaser of laud at a sheriff’s sale acquires, as against a prior vendee under a voluntary conveyance in fraud of creditors, more than a mere right to contest the latter’s title. Such a purchaser acquires all that he would acquire had no fraudulent conveyance been made, except that he takes the estate incumbered by prior existing liens; in other words, he succeeds to every right that his fraudulent debtor had in the land, and this includes, of course, the right of possession. If he is evicted from possession which he has peaceably acquired by a person claiming -under the fraudulent conveyance, he may recover damages from the wrongdoer for the injuries sustained.</p>