Gainer v. Russ

Citations

• 20 Fla. 157

Syllabus

<p>1. Parties owing debts and threatened with suit, who are entitled as lieirs at law to real estate of the value of $1,500 from the estate of their father who died possessed also of personal' property worth over $1,000, before judgment recovered against them convey to a relative also an heir the real estate in consideration of her promise to pay the debts owing by their lather amounting to about $200 ; and one of the judgment debtors sues out letters of administration of the estate of the deceased and as such takes possession of the personal property : Held, Upon creditor's bill, that the conveyance of the real estate under the circumstances was fraudulent and void as against the judgment creditor.</p> <p>2. The mere denial in an answer of a fraudulent intent in conveying property beyond the reach of an execution against them, while admitting all the facts which in law and equity constitute a fraud ulent conveyance, is not such a denial as' must he overcome by tlie testim ony of several witnesses or equivalent evidence. Such denial must relate to facts charged and not to the conclusions and arguments flowing from the lacts.</p> <p>3. A decree under a creditor’s bill directing tlie sale of the interest of certain heirs at law in real estate to satisfy a. judgment against them, which real estate the heirs had convoyed for the purpose of hindering and delaying their creditor, does not interrupt the due administration of the estate by an administrator.</p>