Monroe v. Monroe
Superior Court of Pennsylvania
Appeal, No. 33, Jan. T., 1904, by plaintiff, from decree of C. P. Luzerne Co., May T., 1902, No. 10, dismissing bill in equity in ease of H. H. Monroe v. Mary A. Monroe. Bill in equity for an injunction to restrain partition proceedings. . The facts appear by the opinion of the Superior Court. Error assigned was decree of the court.
1Opinion of the Court
Opinion by
Beaver, J.,
A court of equity undoubtedly has jurisdiction to restrain the sale of the real estate of a decedent who in his lifetime has conveyed the same to another, with a view of defrauding his creditors, the vendee or grantee in the deed having knowledge of the fraud and the estate of the decedent being insolvent, particularly where the creditor has a lien upon the land: Fowler’s Appeal, 87 Pa. 449; Houseman v. Grossman et al., 177 Pa. 453; Cairns v. Ingram, 8 Pa. Superior Ct. 514. See also Orr v. Peters, 197 Pa. 606.
Does the plaintiff here come within the protection of these and…
2Cases cited5 opinions
- Fowler v. KingsleySupreme Court of Pennsylvania · 1878
- Houseman v. GrossmanSupreme Court of Pennsylvania · 1896
- Artman v. GilesSupreme Court of Pennsylvania · 1893
- Orr v. PetersSupreme Court of Pennsylvania · 1901
- Cairns v. IngramSuperior Court of Pennsylvania · 1898