Hull v. Hudson

Citations

• 9 Del. Ch. 205
• 80 A. 674
• 1911 Del. Ch. LEXIS 32

Syllabus

<p>A conveyance of land voluntarily made by a debtor, without valuable consideration, is presumed to be fraudulent as to his existing creditors, and in the absence of proof „of rebutting circumstances the presumption will be conclusive, without proof of insolvency or fraudulent intent.</p> <p>Where a person, soon after becoming a member of a trading firm, conveys real estate through mesne conveyances to his wife without consideration, and at the time owes large sums of money, both individually and as a partner, the conveyance is at least presumptively fraudulent as against his creditors then existing, and, in the absence of evidence as to his financial condition at the time of the conveyance, will be decreed to be null and void as to them.</p> <p>Where a wife out of her own estate put improvements upon real property owned by her husband, without any agreement or contract whereby he was to re-pay her, it will be presumed that the wife intended the improvements as a gift, and such improvements are not sufficient consideration to support the husband’s voluntary conveyance of the land to his wife, so as to prevent its being in fraud of creditors.</p> <p>A trustee in bankruptcy may properly file his bill in the state court to set aside a fraudulent conveyance of the bankrupt.</p>