Walker v. Houghteding

Citations

• 120 F. 928
• 57 C.C.A. 218

Syllabus

<p>1. Fraudulent Conveyances — Transfer of Property to Relative.</p> <p>The fact that a creditor preferred by an insolvent debtor is a relative , is not in itself a badge of fraud, but is a circumstance to be considered and given its due weight in determining the good faith of the transaction, and whether a transfer of property by the debtor was in fact made in payment of a just debt.</p> <p>¶ 1. See Fraudulent Conveyances, vol. 24, Cent. Dig. §§ 329, 330.</p> <p>2. Execution — Suit by Claimant of Property — Evidence Considered.</p> <p>Evidence examined, and held insufficient to support the claim that a bill of sale of property executed by a mother in favor of her children, at a time when an action was pending against her, was made in good faith in payment of an actual indebtedness owing from her to the children, or that it was delivered prior to the levy of an execution, issued upon the judgment recovered against her in the action, on -the property.</p>