· 11/15/1904

Donoghue v. Shull

Citations

  • 85 Miss. 404

Syllabus

<p>1. Husband and Wife. Code 1892, l 2294. Transfers of property. Suits pending.</p> <p>A transfer of property from a husband to his wife otherwise valid, under Code 1892, § 2294, regulating the subject, is not rendered invalid by the fact that suits were threatened or pending against the husband at the time it was made.</p> <p>2. Same. Fraudulent conveyances. Subsequent creditors. Code 1892, 4228. '</p> <p>Although a transfer of property from a husband to his wife was made with intent to defraud existing creditors of the husband, it is valid as to his subsequent creditors, under Code 1892, § 4228, so providing, unless made to defraud them; and hence it is valid as to a creditor who had knowledge of the transfer, consented thereto, and treated the wife as the real owner of the property so transferred before the husband contracted the debt due to him.</p>

Judges: Truly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.