Cock v. Oakley

Citations

• 50 Miss. 628

Syllabus

<p>1. Fraud — Youvntary Cohvbyahue.— O. being indebted to C., made a voluntary eonveyanoe of land to her son, after which C. brought suit and recovered judgment against O.; tbe conveyance is shown, to be in all things free from fraud in fact, and made in accordance with a previously expressed purpose to make a provision for her son. A bill will be entertained, nevertheless, to vacate the conveyance. Tbe law presumes that a voluntary conveyance, resting upon moral motives, is void as against existing creditors. The donee may show circumstances which repel the presumption, as that the donor was in a prosperous condition, and retained ample means accessible, to discharge all obligations. The gift must be reasonable, apparently in no serious degree putting in hazard the right of existing creditors.</p>