The morning call., 1891-07-19
LAW WAS WITH
THE LOVERS.
Supreme Court Decision in Knox
Against Cohen.
The Sheriff Cannot Levy on Land Given 70
Promote Marriage When 1t Is Shown
Fraud Is Not Intended by the Gift.

1t is eight years since Alfred Cohen,
youthful lawyer. met and fell in love with
Emma Bray, and Emma likewise fell in
love with the young lawy er aforesaid. They
agreed TO live for each others sake and to
get married just as soon as possible.
Their parents. Cohen senior and Bray
senior. smiled serenely upon the romance
that was developing, as all things good de-
velop in this delightful climate, and as they
were well to do they decided to help the
young people along life's tortuous path.
Papa Bray said in order to encourage the
marriage he would convey a house and lot
to his daughter on condition that Papa
Cohen would furnish the dwelling.
THE DowRY AGREED UPON.
After some conferences between Bray and
Cohen the latter accepted the proposition
that he furnish the house and Bray con-
veyed lot to his daughter. The house was
furnished by CoEen's father, and in Febru-
airy, 1854, Alfred and Emma were made one
and moved into the house, where they have
lived ever since.
At the tine Bray conveyed the lot and
house TO his daughter he supposed himself
TO be worth quarter of million of dol
lars. The conveyance was not made with
any design on his part TO defraud creditors
and his daughter accepted the provision
made for her without any intention to de-
fraud. 1t turned out afterward. however.
that Bray was insolvent when he conveyed
the property to his daughter.
NOT AS RICH AS HE THOUGHT.
On the day of the conveyance be owed
Charles Knox over 100000 and a few months
later Knox recovered judgment against him
Tor S79,219. Four years later Knox caused
an execution to be issued on the judgment
and delivered to the Sheriff with instruc-
Tons to levy on the lot conveyed by Bray to
his daughter just before her marriage 10
Cohen. The Sheriff made the levy and was
about to sell the lot when Mrs. Cohen
brought an action to restrain the sale upon
the ground that it would cloud her title.
The court gave judgment in her favor and
Knox appealed.
The Supreme Court rendered a decision
In the case yesterday that will not only keep
the cloud off Mrs Cohea's lot but will dis
pei any clouds that Knox's suit may have
created about her domestic horizon. The
Court holds that Knox failed to prove that
Bray conveyed the lot which was his daugh-
Ier's dowry with intent to defraud his cred
ltors, and also held that where one party
conveys land to another for valuable and
adequate consideration the conveyance will
be good against the creditors of the grantor.
although the latter intended thereby 10 de-
fraud his creditors, if the grantee had no
knowledge of such and was in no way par
tlcipant in the fraudulent purpose.
MARRIAGE Is VALUE RECEIVED.
:" Marriage" says the Court, is the
highest and most valuable of considera-
tons, and when conveyance is made upon
such consideration the grantee, if guiltless
OF fraud herself, is in at least as firm and
sure position as if she had paid in money
the full value of the property conveyed.
1t has even been held that voluntary
conveyance to a daughter, intended as n
settlement and without present reference
to her marriage, will become ex post faeto,
valid against creditors and purchasers with
only implied notice, ii upon the credit of
the conveyance person has been induced
to marry her.
Marriage being in its nature permanent,
and being the most important of all civil re-
latlons, the law will not lightly allow the
inducements that have led to it TO he dis
turbed. Aud the dowry of bride, with
out special proof, is presumed to be an In
ducement to her marriage. The law does
not require delicate Investigation into the
quantum OF influence which her property
has had with her suitor."
For these reasons the court aflirms the de-