Smith v. Arrell

Opinion by

Mr. Justice Cohen,

This is a contest between a wife and a creditor of her husband. The Court of Common Pleas of Delaware County applied section 7 of the Uniform Fraudulent Conveyance Act and held a judgment confessed by the husband in favor of the wife fraudulent and void as to the creditor.

Section 7 provides as follows: “Every . . . obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.” Act of May 21, 1921, P. L. 1045, §7; 39 P.S.…