Weldon's Estate

Citations

• 31 Pa. Super. 47
• 1906 Pa. Super. LEXIS 149

Syllabus

<p>Judgment — Fraud—Preference—Father and son — Interest—Findings of fact by auditor.</p> <p>An auditor’s finding that a judgment promissory note given by a decedent to his son was for a bona fide indebtedness, when such finding is based upon competent evidence and is confirmed by the court below, will not be disturbed except upon the clearest proof of mistake.</p> <p>In such a case the mere fact of the relationship of the parties, or that the giving of the note created a preference, or that in a proceeding to revive the judgment on the note the son waived the interest, will not invalidate the note as fraudulent.</p>