61 Tenn. 407 | Tenn. | 1873
'delivered the opinion of the Court.
The bills in this case were filed against J. F. Howland, Robert Howland, Thomas S. Ford et al., to set aside certain conveyances of land made by White and John F. Howland. The only question before - us for decision, however, is the validity of a conveyance of about 200- acres of land conveyed by John F. Howland to Ford, and the conveyance of 100 acres to Robert Howland, the son of John F. Howland. The original bills were filed with the purpose of setting aside five different conveyances, made on the same day by B. G. White and John F. ■ Howland, but the Chancellor decreed aíl to be valid, or at any rate denied relief except as to the two deeds mentioned, and complainants did not appeal. Defendants, John F. Howland, Thomas .Ford and Robert Howland, appealed from the decree against them, declaring the 'deeds made to them void. The correctness of this decree is the question for our decision.
It is proper to remark that the charges in the bill make a case of fraud as against all the five conveyances attacked; that they were part of a general scheme to cover up the property of the conveyors, and hinder and delay their creditors in the collection of their debts.
The deeds were all executed on the same day, at the same place, written by the same draftsman. The testimony as to all conveyances is found in the
This principle is thus laid down in several cases in New York: “That upon a question of fraud evidence is admissible of other contemporaneous transactions of a similar fraudulent nature, for the purpose of showing the interest.-” See Abbott's Dig., Yql. 2, p. 767, § 2098-9, 2100, and cases there cited.
And the principle would be the more applicable where all the transactions were connected, and made apparently in concert. We do not say the fact that one conveyance, made at the ^ame time, as others, to different parties, is or might be shown to be fraudulent, would be conclusive upon the others, but the fact might, in connection with other circumstances, furnish the ground for weighty inferences tending in that direction, and should be looked to in arriving at a conclusion in such a case.
It appears from the pleadings and proof in this record, that B. G. White and John E. Howland had been men of good property and independent circumstances, but at the termination of the war found their property swept away, except their lands, and themselves involved in debt beyond their means to pay. It further appears that John E. Howland was under
Under these circumstances, on the 5th of August, 1865, Howland and "White, by pre-arrangement, met with the other parties to these deeds at the same place, and before they separate all their property is conveyed, and they stripj>ed of the legal title to every thing they possessed. In addition to this it appears that all the parties to these conveyances were more or less related to each other,' either by blood or marriage, we believe, except Ford, who was a renter, and notwithstanding his assumed purchase of the 200 acres, continued to rent, rather than occupy his own land.
But, passing from these general considerations, we proceed to refer to some of the circumstances peculiar to the two consequences immediately in question, to-wit: The deed to Ford for the..200 acres of land, and the one to Bobert Howland. However, before doing this, a remark of John F. Howland, made to Mr. Lowe a short time after the deeds were made, will serve to point to the motives on his part for the conveyances. Mr. Lowe asked him what was the matter, that he had sold his land, when Howland told him that his liabilities or security debts were such that if he did' not do something he would not have land enough to bury him.
Take the remark in connection with another fact, that he has ever since actually remained in occupation of his old home, and it would seem veiy naturally to tend to the conclusion that there was in these swapping conveyances, and underneath them, a secret trust in his 'favor, by which he would at least secure enough of his considerable landed estate to himself “to bury him in;” in other words, a continued right to the property in some form.
But to return. It appears that Ford was a man with family, owning no land of his own; possessed only of a few horses and other stock. It is clear from the proof that up to this time- he was not a married man. It is equally clear that he did not have money to pay on the land at the time of the supposed purchase, as he purchased on a credit of one and two years. Land was depressed in price at the time, and no sales being made in the country. It is scarcely probable, under these circumstances, that such a man would have been selected for a bona fide purchaser of land, by one who, as is professed in the answer, was selling his land solely to realize means to pay his debts.
It is attempted to be shown that Ford paid these
Another circumstance against the good faith of this conveyance is, that while they recite the money to have been paid, yet at the same time, an obligation seems to have been taken from Ford, recognizing the existence of the lien on the land. The obligation was never registered. Now if the transaction had been fair, and a lien to be retained, why not retain this, lien on the face of the deed, and ~ thus make it good against all the world until paid.
As a last fact to which we refer on this question, it is proven that after the sale of the lands Howland went to one Miller, and proposed to let him have some of the notes received for the land. It seems, that he claimed' that there was an old balance due Miller on a mule transaction, of some fifty or sixty dollars, perhaps, and he told Miller that if he would take the notes he would settle this balance. This was a matter of difference between them that Miller had no note for, and which he says he never expected to exact from Howland, as he had insisted Miller should make reparation to him for a mule purchased and taken South, which had proved defective in some way. It is evident this was a debt which Howland had not hitherto been inclined to recognize; yet, in order to induce Miller to take the notes, he was now willing to settle it, poor - as he
, ’Without further discussion, or citation of'numerous other facts tending to the same conclusion, we conclude we have presented enough to show that the Chancellor’s decree was correct, and this deed a fraudulent device, to cover up the land from the reach of creditors.
As to the deed to Itobert Howland, we need say but little more than that nearly all of the reasons given as to the Ford deed apply with equal, force to this conveyance. In addition, he was the son, who might, without any feeling that he was doing wrong, very naturally conclude it was his duty to aid his father in saving his estate. The son was poor in 1865 — -had just returned, perhaps, from the war — had no means — is admitted, however, to have been industrious and energetic. Standing alone, -it might have-been difficult to pronounce the deed to him absolutely fraudulent, but being connected With the other transactions, of which it evidently forms a part, it is cer
"We must in this case, too, affirm the decree of the Chancellor. The land, will be sold by the Clerk of this Court, unless the money be paid in 60 days. Costs to be paid out of the fund arising from the sale.