Seagreen v. Wendler

Citations

• 5 Alaska 715

Syllabus

<p>1. Fraudulent Conveyances <&wkey;95(2)—Husband and Wife.</p> <p>Where the wife claims to have earned the money to purchase property claimed by her as against creditors of her husband, and the evidence shows that the “husband furnished the provisions, fuel, etc., and it is impossible to determine how much each contributed, the husband in materials and the wife in labor, and the evidence also shows the husband was engaged in conducting quite a large brewery business from which he had a much larger income than this property brought in, held, the transfer to the wife was in fraud of creditors.</p> <p>2. Fraudulent Conveyances <&wkey;104(2)—-Husband and Wife.</p> <p>Transactions between a husband and wife, prejudicial to the husband’s creditors, will be closely scrutinized, to see that they are fair and honest, and not mere contrivances resorted to for the purpose of placing the husband’s property beyond the reach of creditors.</p> <p>3. Fraudulent Conveyances <&wkey;52(l)—Homestead.</p> <p>It may be stated as a general rule that fraud cannot be -predicated upon the disposition of the homestead. Being exempt, the creditor is not injured by a conveyance or transfer thereof. But the transfer of the homestead from the husband to the wife is a fraud upon creditors where it is not the bona fide intent to invest the wife with the real ownership, but to put it beyond the reach of the husband’s creditors, in the event of their removal from the homestead.</p> <p>@=s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>