Dova v. Hancock

Citations

• 88 Fla. 503
• 102 So. 646

Syllabus

<p>1. Presumably business transactions between individuals are not fraudulent, but honest, and he whb asserts fraud in a particular transaction is required to prove it, if his contention is to prevail.</p> <p>2. A conveyance of property for the consideration of marriage pursuant t'o an ante-nuptial settlement is not fraudulent as to creditors on the ground of want of consideration.</p> <p>3. iVithholding a conveyance of property from record in order tb maintain the credit of the grantor does not of itself render the instrument fraudulent as to his creditors, hut may be a badge of fraud to be considered with all the facts attending the transaction in determining whether or not there was in fact a fraudulent intent in so withholding it from record sufficient to vitiate the conveyance.</p> <p>4. An ante-nuptial settlement, though made with a fraudulent design by the settler, should not he annulled without the clearest proof of the wife’s participation in the intended fraud.</p> <p>5. Proof of fraudulent intent in this ease and of extension of credit upon faith of debtor’s ownership of property conveyed held not sufficient basis for a decree setting aside the deed as fraudulent and void.</p>