The opinion of the court was delivered by: BARD
This is an action to set aside an alleged fraudulent conveyance of a parcel of real estate.
On the basis of the pleadings and the testimony adduced at the trial of this cause, I make the following special.
1. On November 7, 1941 and approximately eight years prior thereto, James C. Stanton and Anna W. Stanton, his wife, together with their sons, Robert T., Ervin D., and John, resided at 405 Church Lane, Yeadon, Delaware County, Pennsylvania. James C. Stanton and Anna W. Stanton were lessees of these premises.
3. Prior to November 7, 1941, the offer for the purchase of 405 Church Lane was declined, and the $ 300 deposit was returned.
4. On or about November 7, 1941, an agreement of sale for the purchase of the premises 312 Providence Road, Aldan, Delaware County, Pennsylvania, was entered into by and between William C. Pickett and Margaret R. Pickett, his wife, as sellers, and Robert T. Stanton as purchaser. The purchase price for these premises was $ 4500.
5. The down money in the aforesaid agreement of sale was $ 700. Robert T. Stanton delivered this amount in several instalments to the office of William C. Pickett and Company, which acted as the sellers' agent.
6. A mortgage was secured in the amount of $ 3600 on the property. James C. Stanton, the father, was added as a party to this mortgage at the suggestion of the lending institution, inasmuch as Robert T. Stanton was not considered by that institution to be a satisfactory mortgagor because of the latter's possible imminent induction into the armed forces of the United States.
7. On November 7, 1941, Robert T. Stanton was employed by the Pennsylvania Railroad Company. On and prior to July 16, 1941, he was employed by a drug concern at a salary ranging between $ 22.50 and $ 27.50 per week.
8. On and prior to November 7, 1941, the average annual earnings of James C. Stanton approximated $ 2380.
9. On and prior to November 7, 1941, Robert T. Stanton contributed between $ 5 and $ 10 per week to his parents for his board and lodging.
10. Robert T. Stanton was born on April 21, 1919.
11. On February 17, 1942, settlement was held with respect to the purchase of the premises 312 Providence Road. The sum of $ 376.09 was necessary to complete settlement, in addition to the $ 3600 mortgage and the previous down money of $ 700. This sum of $ 376.09 was tendered by Robert T. Stanton, and a deed to the property was delivered wherein William C. Pickett and Margaret R. Pickett, has wife, were grantors, and Robert T. Stanton and James C. Stanton were ...