Nusbaum's Appeal

Decided October 19, 1885

Supreme Court of Pennsylvania · decided 1885-10-19

Nathan Schack gave M. Nusbaum a judgment note, on which Nusbaum entered judgment and issued execution. The sheriff seized Schack’s goods on execution, sold them, and paid the money into court. Attaching creditors claimed it, alleging that the judgment was fraudulent as against them, and, on the trial of a feigned issue on the question of fraud, they prevailed.

Affirmed · Decided 1885-10-19

Per Curiam:

¶1In the feigned issue framed to try the validity of the judgment on which the appellant claims, the jury found that the note on which the judgment was entered, was given with intent to hinder, delay, and defraud the appellees. The auditor adopted that finding, and the court approved it. We have just affirmed that: judgment.

¶2It follows that the judgments in favor of the appellees were-properly preferred in the distribution.

¶3Decree affirmed and appeal dismissed, at the cost of the appel-