Claflin & Thayer v. Ambrose

Citations

• 37 Fla. 78

Syllabus

<p>1. Where one partner purchases real property with partnership assets and takes the title thereto in the name of his wife, without the consent of the other partner, a trust results to the partnership and its creditors,</p> <p>2. A transfer of partnership assets by one partner without the consent of the others, in payment of his individual debt, is a fraud upon the other partners, and does not divest the title of the partnership.</p> <p>•3. In a suit to set aside a conveyance made by a husband to his wife as fraudulent, brought by his creditors, whose claims existed at the date of such conveyance,, the burden of proving a consideration proportionate to the value of the land conveyed, is upon the wife, and clearer and fuller proof is required than if the transaction had been between strangers.</p> <p>4. A voluntary Conveyance of real property not his homestead, made by a husband to his wife when in failing circumstances, is void as to his creditors whose claims existed at the date of such conveyance.</p> <p>■5. A court of equity will entertain jurisdiction of a suit brought by a partnership creditor against the surviving partner and the administrator of a deceased partner to enforce the payment of a partnership debt out of veal property of the deceased partner, which was fraudulently conveyed by him in his lifetime to his wife, although such partnership debt had not been reduced to a judgment against such surviving partner at the commencement of such suit.</p>