Sullivan v. Tinker

Citations

• 140 Pa. 35
• 21 A. 247
• 1891 Pa. LEXIS 797

Syllabus

<p>1. When a judgment has been eollusively confessed, for the purpose of defrauding the defendant’s creditors, and the proceeds of a sheriff’s sale of the defendant’s personalty, under such judgment, arc in the hands of the sheriff, an execution issued by a bona-fide creditor, upon a judgment obtained after the sheriff’s sale, will bind such proceeds, and give such creditor a standing to contest the validity of the fraudulent judgment.</p> <p>2. When, in such a case, a verdict in a feigned issue has determined that the prior judgment was fraudulent, and the fund is insufficient to pay the bona-fide creditor’s claim in full, the whole of it should be awarded to him; and this, although the amount was increased by advances of the fraudulent plaintiff to pay off liens prior to his execution, in furtherance of the fraud found; equity will not give reimbursement for payments so made.</p>