Hickman's Ex'or v. Trout

Citations

• 83 Va. 478
• 3 S.E. 131
• 1887 Va. LEXIS 93

Syllabus

<p>1. Fraudulent Conveyances&emdash;Burden of proof.&emdash;Fraud must be clearly proved. Burden of proof rests on the alleger. It may be proved by circumstances. When the evidence shows a prima facie case of fraud, the burden shifts to the upholder of the transaction to establish its fairness. The grantee must be proved to have had notice of grantor’s fraudulent intent.</p> <p>2. Idem&emdash;Indicia of fraud.&emdash;The usual badges of fraud are: Gross inadequacy of price; no security taken for the purchase money ; unusual length of credit; bonds taken at long periods ; conveyance in payment of alleged antecedent indebtedness of father to son residing together; threats and pendency of suits ; concealment of the transaction ; keeping the deed unacknowledged and unrecorded for considerable time ; grantor remaining in possession as before the conveyance. Any of these facts may make a case of prima facie fraud, calling on the parties for explanation.</p> <p>3. Idem&emdash; Case at bar.&emdash;Whereto these indicia are added the absence of itemized accounts, vouchers, &c., contradictions in testimony of grantor and grantee, the want of means in grantee to create the alleged indebtedness of grantor to grantee, and the failure to examine as witnesses persons having opportunities to know the facts ,• these things combined&emdash;</p> <p>Held :</p> <p>To establish the fraudulency of the conveyance as to both grantor and grantee.</p>