1 Conn. 525 | Conn. | 1816
Fraudulent and voluntary conveyances are void as to creditors; but in the case of a voluntary conveyance, a distinction is made between the children of the grantor and strangers. Mere indebtedness at the time
There is no case, I trust, in which a conveyance to a child, founded upon natural affection, has been adjudged void, as to creditors, for the mere want of a valua
As to creditors, the want of a valuable consideration may be, under circumstances, a badge of fraud ; but does not, per se, render the conveyance fraudulent. Whether an actual fraudulent intent is necessary, to render it so, is a distinct question. It is sufficient, for the present purpose. that something more than the mere absence of a valuable consideration, must appear, in order to invalidate such a grant. Evidence of indebtedness, at the time, at least, and, as I conceive, of indebtedness, amounting, or approximating, to embarrassment, must be shown. For if any degree of indebtedness, however small, would defeat such conveyances ; they would, virtually, be per se fraudulent : since no individual, perhaps, or, at least, hardly any one, in the community, is at any time, absolutely free from debt. And as I discover, in this case, no such evidence, as I suppose, the rule requires ; I cannot pronounce the conveyance to Salmon Sherwood, fraudulent. Holding this opinion, it is. of course, unnecessary for me to consider, whether the deed to the defendant would be void, as against creditors, supposing the first conveyance to have been so.
Judgment to be given for the defendant.