62 Tenn. 335 | Tenn. | 1874
delivered the opinion of the Court.
This bill is filed by McFerrin to enforce collection of á judgment obtained at law, on which there has been a return of nulla bona, by subjecting a house and lot in the city of Nashville to the payment of his debt. The relief is based on the allegation that the lot had been purchased and paid for by Carter with his own money, but the title taken to his wife, for the purpose of hindering and delaying his creditors in
"We have carefully examined the proof in the case, and while some of the circumstances shown generate a suspicion that there might possibly have been fraud such as is alleged, a suspicion is all- that can be predicated of the proof in this aspect of the case in favor of complainants’ bill. On the part of defendant it is proven positively that the lot was purchased for his daughter, Mrs. Carter, by her father, and that he furnished the money which was paid for it, his daughter having given her notes for credit payments and not her husband. "Without going into a critical examination of the facts, we need but say that we agree with the Chancellor that complainant has failed to make out his case as to the fraudulent character of the conveyance to the wife of Carter.
It is urged, however, that Carter, the husband, is shown to have paid, perhaps, $1,000 towards putting the house and improvements on the place. This is true, but can the home of the wife be sold in order to subject this money to the debt of her husband? "We do not think so in a case like the present. The question may well be said to present some difficulties.