Shober v. Harrison Bros.

Citations

• 3 Pa. Super. 188
• 1896 Pa. Super. LEXIS 127

Syllabus

<p>Fraud — Jurisdiction, equity — Injunction to restrain sheriff's sale.</p> <p>A fraudulent concealment of the husband’s title in the name of the wife often lies at the bottom of cases where real estate standing in the wife’s name is levied upon by the husband’s creditors, while on the surface her title may be apparently good.</p> <p>The jurisdiction of equity for the prevention or restraint of the commission of acts contrary to law and prejudicial to the rights of individuals was never intended to be used to obstruct the collection of debts. It is only where the creditor is clearly and undeniably proceeding, against right and justice, to use the process of the law to the injury of another that equity intervenes to stay his hand. To adopt another rule would lead to a constant use of the powers of equity to hinder and delay the collection of honest claims and to prevent the creditor from reaching the marrow of a fraud.</p> <p>Husband and wife — Wife's title to real estate — Husband's creditors— Sheriff's sale — Injunction.</p> <p>Where real estate standing in a wife’s name is levied upon as the husband’s property, a bill filed by the wife to enjoin the sale will not be sustained where the answer of the execution creditors disputes the alleged ownership of the wife and alleges that title was taken in her name to defraud creditors. Such a case is not within the exception recognized in Hunter’s Appeal, 40 Pa. 194, and the'parties will be left to their legal remedy.</p>