Cowen v. Alsop

Citations

• 51 Miss. 158

Syllabus

<p>1. Conveyance : Voluntary ; when void.</p> <p>Mere indebtedness at the time will not in all cases render a voluntary con- . veyance void as to existing creditors. Where it is a provision for a child, in consideration of love and affection, if the grantor is in prosperous circumstances, unembarrassed, and not considerably in debt, and the gift is a reasonable provision for the child according to his state and condition in life, comprehending but a small portion of his estate, leaving ample funds unembarassed for the payment of the grantor’s debts, then such conveyance will be valid against creditors existing at the time. A voluntary conveyance is prima facia void as to existing creditors. But this may be rebutted by evidence showing that the grantor was unembarrassed and had property left amply sufficient to pay all his debts.</p> <p>2. Same : See. 1024 of Code of 1871.</p> <p>This statute which provides that “ facts averred in the bill and not denied in the answer, otherwise than by the general traverse, may be taken at the hearing as admitted,” applies only to facts either directly charged to be within the knowledge of the defendant or which may fairly be presumed to be so, if the matters alleged are not of either of these descriptions, the omission of defendant to notice them in his answer, is merely matter of exception on the part of plaintiffs to obtain a distinct admission or denial. If complainants go to trial without excepting to the answer, they must prove the allegations of the bill.'</p>