Hoeser v. Kraeka

Citations

• 29 Tex. 450

Syllabus

<p>The 1st clause of the 2d section of our statute in relation to frauds and fraudulent conveyances reads as follows: “ Every gift, grant, or conveyance of lands, slaves, tenements, hereditaments, goods or chattels, or of any rent, common, or profit out of the same, by writing or otherwise, and every bond, suit, judgment, or execution had, or made, and contrived of malice, fraud, covin, collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, suits, debts, accounts, damages, penalties, or forfeitures.” But it is to be taken “ only as against the person or persons, his or her heirs,” &c. And the 3d and 4th clauses declare, that such gifts are to be taken as void, “ unless proved by two or more witnesses, and recorded,” &c., “or unless possession shall really and bona fide remain with the donee.” (Paschal’s Dig., Art. 3876, Notes 906, 907.)</p> <p>It has frequently been held, that, as against the grantee and those claiming under him, with notice of the fraud, such conveyances are valid and binding. (Paschal’s Dig., Note 907.)</p> <p>The grantor cannot prove, against the recitations of his deed, that no consideration has been paid, and no delivery of the property made.</p> <p>If A grant his goods to B in fraud of creditors, B can recover the goods from A’s administrator on the ground, among others, that the deed was void only as against creditors; but that it remained good as against the party himself, and his executors and administrators.</p> <p>Where H, to avoid his creditors, made a bill of sale to his daughter of his personal chattels, reciting the payment of a valuable consideration, and there was no delivery of the property or change of possession, but the grantor continued to use it, to sell it, and to give it away, he was. yet liable to his daughter for the same, notwithstanding the maxim, in pari delicto potior est conditio defendentis.</p> <p>Where the suit was in trover for the property, and the v