SMITH v. ARRELL


388 Pa. 117 (1957)

Smith v. Arrell, Appellant.

Supreme Court of Pennsylvania.

March 18, 1957.


Attorney(s) appearing for the Case

Lloyd B. White, Jr., for appellant.

Jack Brian, with him Howard Richard, and Berman & Richard, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE COHEN, March 18, 1957:

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...

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