Ames v. Dorroh

Citations

• 76 Miss. 187

Syllabus

<p>1. Fraudulent Conveyances. Guardian and ward. Bond. Surety. Chancery clerk.</p> <p>The surety on a guardian’s bond, from the date of its execution, is a creditor of the principal, for all sums he is required to pay because of the suretyship, within the meaning of the statute against fraudulent conveyances, and this is true of a surety on the official bond of a chancery clerk who becomes ex officio the guatdian of an infant.</p> <p>S. Same. Volunteers. Mala fide purchasers. Trustees malaficio.</p> <p>A debtor’s conveyance of his property without consideration, or mala fide if upon consideration, is fraudulent and void as to his creditors; and all grantees thereof who take without consideration, or with notice of the fraud, are in equity trustees ex malaficio of the property..</p> <p>3. Same. Bxisting debt not necessariJ/y a consideration.</p> <p>The fact that the grantor in a deed was indebted, at the time of its execution, to the grantee does not constitute a consideration for the deed, in the absence of evidence that the grantee assented that the conveyance should satisfy the debt in whole or in part.</p> <p>4. Same. Grantor’s ability to make gifts. Burden of proof.</p> <p>The burden of proof is on the grantee in a voluntary conveyance, when attacked by creditors of the grantor, to show that the latter had at the time of the conveyance, and retained, other specific-property, readily accessible, ample for the discharge of all of his-debts.</p> <p>5. Same. Existing and subsequent creditors. Case.</p> <p>A voluntary deed from a chancery clerk to his wife is void as to the sureties on his previously executed official bond, both as to existing defaults and those afterward accruing during the term for which, the bond was given.</p>