Ilfeld v. Baca

Citations

• 14 N.M. 65
• 89 P. 244

Syllabus

<p>SYLLABUS.</p> <p>1. Where, at the time certain property was conveyed by a husband to his wife in consideration of a bona fide indebtedness, the value of the property did not exceed the amount of the indebtedness, nor the consideration expressed in the deeds, it was immaterial to the validity thereof, as against the husband’s creditors, that the property shortly thereafter greatly increased in value by reason of subsequently discovered coal deposits, etc.</p> <p>2. Where, in a suit to set aside certain alleged fraudulent conveyances from husband, to wife for stated considerations of $1,000 and $1,500, respectively, it was not claimed that such sums were inadequate, the court was entitled to presume that such amounts represented the valué of the interests conveyed at the time.</p> <p>3. Where a husband acquired certain property belonging to his wife, the value of which he promised to repay 'her, and thereafter conveyed to her certain land for an express consideration of $2,500, it would be presumed, in the absence of proof to the contrary, that the value of the property of the husband so received, with interest to the date of the conveyances, amounted to the consideration for the deeds.</p>