1. Complainant, a judgment creditor of the Quinns, challenges the title acquired by a third defendant from mortgagees who had foreclosed their mortgage on a tract owned by the judgment debtors. Held, there is no evidence of fraud or conspiracy to prevent the satisfaction of complainant's judgment, nor of a design to hinder or defraud her.
2. Although there may be an appearance of suspicious circumstances surrounding the transaction by which the defendant acquired title, they do not amount to fraud. Fraud cannot be presumed; it must be proved.
PER CURIAM.
The appeal is from a decree dismissing a bill seeking to set aside a conveyance as fraudulent and for incidental relief. We have carefully examined the proofs and can only conclude that they support the findings of the learned vice-chancellor.
The decree will be affirmed.
For affirmance — TRENCHARD, CASE, BODINE, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, JJ. 8.
For reversal — THE CHIEF-JUSTICE, PARKER, RAFFERTY, JJ. 3.