38 Conn. 416 | Conn. | 1871
We are all satisfied that the evidence detailed on the record in this case shows that the conveyance from Horton to Shelton was poisoned by a trust, and therefore fraudulent and void as against the creditors of Horton.
It is elementary law that “ in every instance where a creditor or purchaser obtains the estate of an insolvent debtor at an under rate, there is a violent presumption of a secret trust and fraudulent intent”, (1 Swift Dig., 275), and such presumption unless rebutted is conclusive.
In this case the facts clearly show that the vendor was in
It is unnecessary to consider the other questions raised. Hie bill of sale being fraudulent and void, the action cannot be sustained against the defendant, and a new trial must be advised.
In this opinion the other judges concurred.