Hessian v. Patten

Citations

• 154 F. 829
• 83 C.C.A. 545
• 1907 U.S. App. LEXIS 4593

Syllabus

<p>1. Fbaudulent Conveym-ces -Voluntaby Deed.</p> <p>A voluntary conveyance by au insolvent grantor is fraudulent in itself because it cannot be made without hindering and defrauding his creditors.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Fraudulent Conveyances, ⅜§ 133. 139, 188.]</p> <p>2. Same — Wm® Yoluntary Deed by Parent to Guild is Not Fraudulent.</p> <p>A 'oluntaiy conveyance by a solvent father to his child is not necessarily voidable by his existing creditors, and it is valid against subsequent creditors Y the absence of evidence that it was made with intent to defraud them.,</p> <p>If the provision be reasonable, if it leave in the hands of the grantor ample property to pay his existing debts, and if there be no intent to defraud existing or subsequent creditors, it may be sustained.</p> <p>[ICri. Note. — For cases in point, see Cent. Dig. vol. 24, Fraudulent Convey mees, §§ 141, 144, 145.]</p> <p>3. Same -Want of Consideration Insufficient to Avoid.</p> <p>7 ⅛ want: oZ consideration is only a circumstance insufficient in itself to iiu.ye a femdulont intent, but from which and other circumstances su i .m inti «it may be inferred.</p> <p>[id. Nob*. — Bor eases in point, see Cent. Dig. vol. 24, Fraudulent Con-vej.uMies, §§ 186, 189.]</p> <p>4. Same — Deed fob Use of Grantor Not Voidable if Reservation Incidental AND PARTIAL.</p> <p>The rule that, a conveyance in trust for the use of the person making the same is voidable by creditors of the grantor is inapplicable to a deed which is made-primarily and principally for the use of the grantee, and in which the reservation for the grantor is secondary and partial, as in the case of a conveyance by an aged man of a lot and building worth $9,000 and a reservation in the deed of possession of the property during his life.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Fraudulent Conveyances, § 352.]</p> <p>(Syllabus by the'Court.)</p>