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133 Pa. 71

Kintzel v. Kintzel

Pennsylvania Court of Common Pleas, Lebanon County · decided 1890-03-03

No. 240 January Term 1890, Sup. Ct.; court below, No. 42 November Term 1886, C. P. On October 28, 1886, Mary Kintzel brought debt against Henry D. Kintzel, her son, to recover arrears of a dower charge in her favor upon the defendant’s lands, and, on October 30th, the defendant appeared and confessed judgment de terris, against the lands described in the writ, for the sum of $1,802.91.

Decided 1890-03-03

Pm Curiam:

¶1The question whether the judgment No. 42 November Term 1886, confessed by Henry D. Kintzel to Mary Kintzel, was collusive, and intended to delay and defraud the creditors of said Henry, has been settled in favor of the integrity of the *77judgment by tbe finding of the auditor, approved by the learned court below. It needs no argument to show that the declarations of Henry D. Kintzel, made in the absence of the said Mary Kintzel, as to the consideration of the judgment, were inadmissible to affect the latter. The assignments of error do not raise any question as to interest upon the arrears of dower.

¶2The decree is affirmed, and the appeal dismissed, at the costs of the appellants.

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