58 A. 511 | N.H. | 1904
The statute of 13 Elizabeth (c. 5) provides in substance that a fraudulent conveyance is voidable by those who are injured by it; so the only persons who can avoid a fraudulent conveyance are those who might take the property from the grantor or from his heirs if no conveyance had been made. Esty v. Long,
A conveyance tainted with actual fraud as to any persons may be avoided not only by those whose claims were in existence at the time the conveyance was made, but also by those whose claims accrued thereafter. Smith v. Lowell,
If a conveyance is made to defeat the rights of the grantor's wife, or of his creditors, it will not lose its fraudulent character as to any of them unless they confirm it or are in some other way estopped to attack it. Bump Fr. Con., s. 456. If it is fraudulent as to the creditors of a deceased person, the administrator may maintain a bill in equity to avoid it as their representative if it is necessary to do so to pay the debts of the deceased. Kingsbury v. Wild,
In this case John made the conveyance in controversy to prevent Sarah from satisfying any judgment she might recover if he decided not to marry her; and since the creditors could take the property from John's heirs if no conveyance had been made, it is void so far as their claims are concerned. As to them, the property stands as though no conveyance had been made.
A widow may avoid a conveyance made to defeat her marital rights. Walker v. Walker,
An heir takes through — not from — his ancestor; so the guardian *572
cannot maintain this proceeding on the strength of her ward's right as John's heir. Kimball v. Eaton,
There was no error of law in overruling Sarah's motion for reinstatement as a judgment creditor and the guardian's motion for the assessment of her ward's damages. Whether or not justice required that these motions should be granted were questions of fact. Whether or not the deed was delivered was also a question of fact, so there was no legal error in the finding that it was delivered if there was evidence to support it. If a person intends to give his property to another and makes a. deed in pursuance of that intention, the deed is delivered whenever it comes into the possession of the donee and is accepted by him. Canning v. Pinkham,
The exceptions as to the admission of evidence were not argued and have not been considered.
Exceptions overruled.
All concurred.