Young v. Allen

Citations

• 207 F. 318
• 125 C.C.A. 68
• 1913 U.S. App. LEXIS 1631

Syllabus

<p>1. Fraudulent Conveyances (§ 95*)—Beal Property—Equitable Interest —Attack by Husband’s Creditors.</p> <p>Where title to land purchased with the funds of a wife is taken in the name of the husband, the equitable interest or estate of the wife under the Kentucky law is not open to attack by the husband’s creditors, who have not been misled or defrauded by any voluntary act of hers, and who have failed to assert their claim before the completion of her legal title by conveyance from the husband to her.</p> <p>[Ed. Note.—For other cases, see Fraudulent Conveyances, Cent. Dig. §§ 243-288; Dec. Dig. § 95.*]</p> <p>2. Bankruptcy (§ 181*)—Fraudulent Conveyance—Vacation—Conveyance to Wife—Resulting Trust.</p> <p>Ky. St. § 2353, .provides that, when a deed shall be made to one person and the consideration shall be paid by another, no trust shall result in favor of the latter, except where the grantee takes a deed in his own name without the consent of the person paying the consideration, or where the grantee, in violation of some trust, shall have purchased the lands deeded with the effects of another person. Held, that where the wives of bankrupts furnished the funds with which real estate was purchased in August, 1905, and both the wives testified that they never saw the deed which conveyed the land to the bankrupts, and until shortly before the execution of a conveyance of the land by the bankrupts to them on March 18, 1911, they did not know that the conveyance had been made to the bankrupts, instead of to themselves, and it was also shown that when the original deed was made the bankrupts promised immediately to reconvey the land to their wives, such reconveyance, though made within a month before bankruptcy intervened, was not fraudulent, nor subject to vacation by the bankrupts’ trustee.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 259, 260, 271, 273, 274; Dec. Dig. § 181.*]</p> <p>3. Husband and Wife (§ 25*)—Knowledge of Husband—Adverse Interes