Blum v. McBride

Citations

• 69 Tex. 60
• 5 S.W. 641
• 1887 Tex. LEXIS 774

Syllabus

<p>1. Fraudulent Conveyance. — A conveyance of land by a parent engaged in the mercantile business was made to her book keeper, who was her son, who knew the condition of her business; that she was insolvent at the time she made the .deed, unable to meet her debts as they fell due> and with assets less than her indebtedness. Under this condition of affairs the deed was made, and the son gave his note for deferred payments, the last of which was paid, and also á balance due the son from the mother was settled, in notes and accounts of the latter, and this after attachments against the mother’s property were levied on the land. It was sold under those attachments, and in a contest between the purchaser at foreclosure sale and the son, held:</p> <p>(l)'The natural and ordinary result of the transaction was to withdraw the land from the reach of creditors; this the parties must be held to have intended, with a view of hindering and delaying creditors. Had the land been conveyed in satisfaction of a pre existing debt, the conclusion might be different.</p>