Virden v. Dwyer

Citations

• 78 Miss. 763

Syllabus

<p>1. Fraudulent Conveyances. Husband and wife. Evidence. Witnesses.</p> <p>Husband and wife are not competent witnesses against each other in a suit by a creditor of the husband to vacate a conveyance from the husband to the wife.</p> <p>2. Same. Burden of proof.</p> <p>A conveyance from a husband to his wife, reciting a legal consideration, is prima facie valid, and the burden of proof to show it fraudulent is on the creditor of the husband who assails it.</p> <p>3. Same. Quantum of proof. Suspicion.</p> <p>To warrant the setting aside of a conveyance as fraudulent, the complainant must show the fraud by satisfactory evidence. Mere suspicion that it may be fraudulent is insufficient.</p>