Calhoun v. Burton

Citations

• 64 Tex. 510

Syllabus

<p>1. Limitations — Fraud.— Undiscovered fraud will prevent the running of the statute of limitations, provided the failure to sooner discover it was not caused by the want of proper diligence of the party who asserts the existence of the fraud. Citing Munson v. Hallowell, 26 Tex., 475; Anding v. Perkins, 29 Tex., 348; Bremond v. McLean, 45 Tex., 10; Kuhlman v. Baker, 50 Tex., 630; Alston v. Richardson, 51 Tex., 6.</p> <p>2, Fraud — Fraudulent conveyance — Laches. — -Creditors of an estate, who presented their claims for allowance in due time, filed their bill to set aside for fraud a conveyance of land made by the intestate, of real estate, six days before his death, on a consideration, as expressed in the deed, which was inadequate, and which land was by the vendee conveyed to the heirs of the decedent, two days after the decedent died, by deed in which no valuable consideration was expressed. The suit attacking the conveyance for fraud was filed more than five years after letters of administration issued. It was alleged that the two conveyances were really one transaction, the purpose of which was to vest title in the heirs, and defraud creditors. The property conveyed constituted the bulk of the estate, but the inventory described enough other property apparently to discharge the claims of creditors against the estate. The estate proved insolvent. In view of the foregoing and other facts stated in the opinion, held:</p> <p>(1) The creditors, knowing that the heirs had taken possession of and occupied the land under their deed, and being chargeable with notice of the contents of both deeds through their registration, were chargeable with laches in not sooner attacking the conveyances.</p> <p>(3) The fact that there remained apparently enough other property to satisfy plaintiffs’ claims, the amount realized on which was so small as to leave the estate insolvent, did not stop the running of the statute of limitations in favor of the heirs holding under deeds duly r