Reel v. Livingston

Citations

• 34 Fla. 377

Syllabus

<p>1. A contingent liability of a surety is sufficient to create the relation of creditor and debtor within the moaning of the statute of frauds against the fraudulent alienation of property, and a preexisting- debt evidenced by a note repeatedly renewed by the same maker and surety continues said debt as originally made between the maker and surety.</p> <p>2. A liberal construction is given by the courts to the term “creditor ” in the statute against the fraudulent alienation of property.</p> <p>3. An allegation in a bill that a husband made a voluntary settlement on his wife by paying a note secured by a mortgage on her real estate, and that the settlement was made for his convenience, and for the purpose of delaying, hinder ing and defrauding his creditors, is an allegation of fraud in fact, and coupled with the further showing that the complainant at the time of the settlement sustained the relation of creditor to the husband, is sufficient, if true, to maintain the bill.</p> <p>4. A bill alleged, in substance, that a married woman acquired by purchase the fee simple title to a lot of land and hotel situated theron, subject toa mortgage of five thousand dollars, evidenced by several promissory notes, and that her husband, for his own convenience, and to hinder, delay and defraud his •creditors, of whom con-qfiainant was one at the time, made a voluntary settlement on his wife by paying one of said notes : Held, On demurrer to the bill, that to the extent of the payment made by the husband, complainant had a right to subject the property purchased by the wife to the payment of his debt: Held, further, In the absence of any showing that either the husband or wife had made any payments on the other notes or on the property, there was no foundation for the complainant to subject the property to any further amount than that alleged to have been paid by the husband.</p> <p>5. In addition to the allegations as shown in the preceding headnote, the bill alleged that the