Dutton v. Jackson

Citations

• 2 Del. Ch. 86

Syllabus

<p>Heirs at law relieved, in equity, against a fraudulent conveyance by their ancestor.</p> <p>A conveyance of land having been made by a husband, pending a proceeding for divorce, but with a reserved possession in the husband and upon a secret trust for his own use, the conveyance being for the purpose of defeating his wife’s claim to alimony and the grantee being privy to the fraud,—a court of equity will, after the death of the grantor, hold such conveyance void against his heirs at law.</p> <p>In such case the deed is nota mere voluntary conveyance, and as such valid and conclusive upon the heirs at law ; but, being fraudulently made and not intended to pass title, it is void, as well against heirs as against creditors.</p>