Moritz v. Hoffman

Citations

• 35 Ill. 553

Syllabus

<p>1. Voluntary conveyance — when evidence of fraud. A voluntary conveyance to wife or child, when the grantor is largely indebted, is presumptive evidence of fraud, and a fraudulent intent will be presumed from the fact of indebtedness at the time.</p> <p>2. Same—modifications thereof. If the creditor, however, retains sufficient property wherewith to discharge his debts existing at the time of the conveyance, such presumption is avoided.</p> <p>3. Same—consideration what. The want of a valuable consideration may be a badge of fraud, but it is only presumptive, not conclusive evidence of it.</p> <p>4. Same — as to subsequent creditors. A settlement upon a wife by a voluntary conveyance without consideration, the grantor being solvent at the time, and made without any fraudulent intent, cannot be attacked by a subsequent creditor, and is only void against creditors existing at the time of the conveyance, if the grantor was insolvent at the time of its execution.</p> <p>5. Same—how impeached. To impeach such a conveyance successfully, it lies upon the complainant to aver and prove that he was a creditor at the time, and that the grantor was then insolvent, or such facts and circumstances as would authorize a court or jury to presume insolvency.</p> <p>6. Same. If such conveyance was made in anticipation of becoming indebted and for the purpose of defrauding creditors, and was made without consideration, it matters not whether the grantor was insolvent or not, the conveyance would be void against such subsequent creditors.</p> <p>7. Same. In cases of voluntary conveyance to wife or child, it is not required the grantor should be insolvent to render the deed fraudulent, it is sufficient to show he was deeply indebted.</p> <p>8. Same. The doctrine is, that a settlement merely voluntary, cannot be impeached unless it be fraudulent and covinous —mere indebtedness at the time is not sufficient, if the maker of the settlement retained sufficient property with which to disch