Hodges v. Hickey

Citations

• 67 Miss. 715

Syllabus

<p>1. Erato. Voluntary conveyance. Rights of creditors. Burden of proof .</p> <p>A debtor to defraud creditors, executed a mortgage on land to secure a simulated debt, and afterwards at his instance the mortgagee made a conveyance of the land to a firm, with which the debtor and his wife had various transactions, and this firm finally conveyed the land to the wife. The court finds that she paid nothing for her husband, or to him, as a consideration for the conveyance. Several years afterwards he contracted a debt, and when it was about to ripen into judgment, being advised that the legal title had never passed from him, he, without consideration, executed a deed to her. Held, that the wife was a mere volunteer, and that the conveyance was prima facie fraudulent as to the then existing creditor of the husband ; that the burden of showing a valuable consideration rested on her, and she having failed to meet it, the land was properly subjected to the said debt of her husband. Cock v. Oakley, 50 Miss. 62S, and Willis v. Gattman, 53 lb. 721, cited.</p> <p>2. Same. Sztfficiency of consideration.</p> <p>The court so holds, although at the time of the firm’s conveyance to the wife the husband was not indebted and there is nothing to show that he intended to defraud subsequent creditors ; and although at that time, as a part of the transaction, she conveyed to said firm a house and lot, in satisfaction of a decree held thereon against her, and it was the understanding of all parties that the title to the land in controversy should be vested in her, and she with her husband went into possession of the same.</p> <p>3. Voluntary Conveyance of Homestead. Not invalid.</p> <p>A conveyance by a debtor of land, part of which is exempt, is valid as to the exempt part, although made with intent to defraud creditors.</p> <p>4. CnANCERY Couet. Liens not co-extensioe. Enforcement. Marshaling.</p> <p>Where a husband fraudulently conveys land to his wife, which includes his exempted homest