Sung So Lim v. Marumoto

Citations

• 24 Haw. 152
• 1917 Haw. LEXIS 4

Syllabus

<p>Fraud — conveyance—intent of parties.</p> <p>The test of a fraudulent conveyance for a valuable consideration is the mutual intent of the parties. Fraudulent intent on the part of one is not sufficient without a corresponding intent on the part of the other.</p> <p>Same — same—same.</p> <p>The rule is settled that a conveyance by a debtor to one of his creditors in payment of his claim is not invalidated .by the fact that it . was made with an intent on the part of the vendor to defraud other creditors, where such intent is not known to, or participated in, by the purchaser.</p> <p>Same — same—presumption of law where vendee is in possession of property.</p> <p>The law presumes the possession of the vendee to have been lawfully acquired, and where it appears that a sufficient consideration was paid the transfer will be upheld unless it be affirmatively shown that he purchased in bad faith.</p>