35 Conn. 328 | Conn. | 1868
This was an action of disseizin in which both parties claimed title under Wm. J. Buck — the plaintiff by virtue of the levy of an execution and the defendant under deeds from him — and the question in the case was, whether those deeds were operative to convey the title against the claim of the plaintiff, a creditor of the grantor.
On the trial below questions in respect to the admissibility of evidence were made and decided, which will first be considered. ' The claim of the plaintiff was that the deeds to Sarah M. Buck, the defendant, from her brother, were made without any valuable consideration therefor, and at a time when he was largely indebted, and was in fact insolvent, and being entirely voluntary were void against his creditors ; and he claimed to prove the insolvency of Buck by his declarations, made in the absence and without the knowledge of his sister.
We know of no principle of law upon which this evidence was admitted. Still, as it was offered and received only for the purpose of proving the insolvency of the maker of the deeds at the time they were executed, and was not claimed to be evidence for any other purpose whatever, and as this insolvency at that time was abundantly shown by other evidence in the .case, and was even expressly admitted by the defendant, who testified to it, and that she had no knowledge that he possessed any other property at the time the deeds were made, we cannot perceive how the evidence could have prejudiced her case in the estimation of the jury, and on this ground ‘alone we do not advise a new trial on account of the admission of it.
Again, Buck, the maker of these deeds to his sister, appears to have managed the property after the deeds were made, in the same manner that he had done while he was the real as well as the apparent owner of it, and to rebut the defendant’s claim, that his continued management of it was in the capacity of agent for her, and not as owner of it, the plaintiff was permitted to prove that, in the year 1859 or 1860, he claimed the property as his own, and as such offered to sell it.
This claim of Buck to own the property, and his offer to sell it, at a time when, on the trial, the defendant claimed
But the charge to the jury is objected to. The plaintiff’s, claim was, that as the deeds to the defendant were voluntary,, and executed when the grantor was largely indebted and insolvent, and as they embraced all his. visible property, these facts unexplained were sufficient to render the conveyances fraudulent and void against him, a subsequent creditor. The defendant claimed that if the deeds were given in consideration of love and affection alone, when the grantor was insolvent, and no secret trust or actually fraudulent intent to. defeat future creditors was proved, the defendant would be entitled to hold the property. against the plaintiff, and she. requested the court so to charge the jury. The court recognized the plaintiff’s claim as substantially correct, in charging, the jury that when conveyances were made by a grantor who was largely indebted and insolvent, and the property convey
We do not advise a new trial.
In this opinion the other judges concurred.