McKeown v. Allen

Citations

• 37 Fla. 490

Syllabus

<p>1. A voluntary conveyance by one who is indebted is presumptively fraudulent when attacked by a judgment creditor upon a debt existing at the time of its execution. In such cases it is not necessary to show that the debtor was actually insolvent at the time he executed the conveyance.</p> <p>2. The general rule is that a deed with a consideration merely nominal will be considered voluntary, as against attacking creditors.</p> <p>3. A conveyance of lands by a husband to his wife which purports to be made “in consideration of love and affection, and for the sum of one dollar cash in hand paid, the receipt whereof is hereby acknowledged,” is purely voluntary, and void as against existing creditors of the husband.</p> <p>4. Voluntary conveyances by debtors of their real estate are not absolutely fraudulent per se, but are prima fade or presumptive evidence of fraud, which may be rebutted or explained, and the burden of proof to show that the deed was not fraudulent falls upon those claiming under it.</p> <p>5. As to existing creditors of the grantor, one dollar is no good or valuable consideration for land which cost $250, to which improvements have been added, and forty-six head of cattle and twenty-five head of hogs.</p> <p>6. It matters not whether the intention of parties to a voluntary ' conveyance is to hinder and delay creditors. When such hindrance and delay is the result of such a conveyance the real motive of the parties is immaterial.</p>