No. 282 January Term 1889, Sup. Ct.; court below, No 96 September Term 1888, C. P.

To the number and term of the court below, an issue was framed to determine whether a judgment confessed by Jacob Kohr to Christian Kohr for $1,420, to No. Ill November Term 1883, was “ without consideration; and if so, was it confessed with intent to hinder, defraud or prevent the estate of Jacob Wolf from collecting its claim and subsequent judgment from the real estate of said Jacob Kohr?” In this issue, Samuel Wolf, administrator of Jacob Wolf, deceased, was made plaintiff, and Christian Kohr, the plaintiff in said judgment, was made defendant. Formal pleadings were dispensed with.

At the trial of the issue, on September 24, 1888, the plaintiff adduced testimony to show that, at the death of Jacob Wolf, insurance upon his life to the amount of $5,500 was paid over to Jacob Kohr, and that suit was brought by the plaintiff, as Wolf’s administrator, to recover this sum from Jacob Kohr; that the cause was ruled out for trial before arbitrators, but on the day before the arbitrators met, Jacob Kohr executed a number of judgment bonds, on which judgments were at once confessed, aggregating $4,700, and that one of said bonds was executed to Christian Kohr, for the sum of $1,420, upon which the judgment in controversy was entered; that on the back of the bond to Christian Kohr was an indorsement to the effect that the bond was given as collateral security to Christian Kohr, as surety for Jacob Kohr, guardian of Ida Hess, and for indorsements in the Lebanon National Bank; that the liability of Christian Kohr for Jacob, as guardian of Ida Hess, was but for $546.30, and the note upon which they appeared together was a joint note for $200, the two amounts being but $746.30, thus having an excess in the amount of the confessed judgment as evidence of fraud.

Mr. Boyer, for the plaintiff, called Jonathan Boardner, who testified as follows:

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