Error, to the Common Pleas of Bucks county.

This was an ejectment by Mary Jane Payne against Frederick Wolf, for a tavern property and three contiguous tracts of land in Richland township, containing 54 acres 114 perches. The landlord, T. H. Wilson, treasurer of the Central Insurance Company, who claimed title to the premises, as a purchaser at sheriff’s sale, was subsequently admitted as a defendant on the record.

In 1849, Frederick Wolf was the owner of the premises in dispute. On the 6th April 1854, Wolf confessed a judgment in favour of John Kepler for $1000; and on the 7th April 1856, he confessed another judgment in favour of Joel W. Strawn for $1200; which became liens on the property in question.

On the 19th May 1857, Wolf conveyed the premises to Samuel B. Gingrich; and on the 25th of the same month, Gingrich conveyed the same to the plaintiff, who was the daughter of William Payne.

On the 24th January 1857, the Central Insurance Company obtained a judgment, in the District Court of Philadelphia, against Edward Payne, William Payne, and John Stanton, trading as E. Payne & Co.-, for $4071.35; and on the 13th July 1857, a testatum fi. fa. was issued on this judgment, to Bucks county, by virtue of which the premises in question were levied on and condemned.

On the 5th November 1857, a fieri facias was issued on the judgment in favour of John Kepler against Frederick Wolf, which was levied on the premises; and on the same day, Wolf signed a waiver of inquisition, and agreement that the property levied on might be sold under the fieri faeias. The property was accordingly sold under this writ, and purchased by T. H. Wilson, treasurer of the Central Insurance Company, for $4800 ; to whom a deed was executed by the sheriff, on the 16th December 1857.

After satisfying the two judgments of John Kepler and Joel W. Strawn, the balance of the proceeds of pale, amounting to $2386.76, was paid into court for distribution. And on the application of T. H. Wilson, treasurer of the Central Insurance Company, the court directed an issue to try the question whether or not the real estate from the sale of which the fund in court arose, was purchased and paid for by William Payne, and the title made to Mary Jane Payne, to defraud creditors; and ordered that the ¡Central Insurance Company should be plaintiff in the issue, and William Payne and Mary Jane Payne, the defendants.

The defendants declined taking part in this issue, and upon the trial they were not represented: whereupon a verdict was rendered for the plaintiff, and the court decreed the fund in court to the Central Insurance Company, on its judgment against E. Payne & Co.

Frederick Wolf leased the premises from the purchaser at the ¡sheriff's sale; and Mary Jane Payne brought this ejectment ¡against him to recover the possession.

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