Godina v. OSWALD

Dissenting Opinion by

Hoffman, J.:

Whether great pains were taken to divest John K. Oswald of his property with the intent to defraud his creditors is not for us to decide but for a jury. In my opinion, the jury in the instant case was not properly instructed concerning the elements of a fraudulent transfer of property.

The majority correctly points out that a jury might conclude that the transaction was not fraudulent if the purchasers acted without knowledge of the seller’s at*59tempt to defraud his creditors. While the intent of the seller is important, Sheffit v. Koff, 175 Pa. Superior Ct. 37,…