Weiskircher v. Volk
Superior Court of Pennsylvania
Appeal, No. 26, April T., 1905, by plaintiff, from order of G. P. No. 1, Allegheny Co., Sept. T., 1908, No. 88, dismissing exceptions to auditor’s report in case of Jacob Weiskircher v. Philip Volk. Exceptions to report of D. A. Reed, Esq., auditor. Tbe facts are stated in the opinion of the Superior Court. Error assigned was the order dismissing exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Smith, J.,
In his opinion sustaining the auditor’s report awarding the fund to the mortgagee, the learned judge says: “ The question in this case is whether the issuing of an execution for an amount largely in excess of what is actually due, there being no uncertainty in the mind of the plaintiff as to the amount of the indebtedness, without any other evidence of fraudulent purpose, is a fraud upon the rights of subsequent creditors.” It appears that judgment for $4,100, was entered October 2, 1901, but was fully paid August 19, 1902, when the first parol agreement to allow the…
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