The Montgomery advertiser., 1902-07-23

TAYLOR ct 81. v. DWYER.
Bill in Equity BY creditor to have con-
veyance set aside as fraudulent and
void.--Appeal from the chancery Court
OF Montgomery.
l. Fraudulent conveyance; equity Of bill
seeking to Get Aside conveyance for sinlu-
lated ana Inconsistent considers tion---A
bill In equity BY creditor, seeking 70
have bill of sale made by the insolvent
debtor OF HE property set aside and an
nulied. and the property subjected to the
payment Of the complainants debt, which
after averring the execution OF said hiii
Of sale from the debtor 10 his son. then
AYERS that said, sale was mere pre-
tense, averred fraud pure and simple
made ana agreed upon between the debtor
and his son. while the sheriff was pro-
ceeding 70 make levy OF the execution
issued on the Judgment recovered by the
complainant against his DEBTOR; that the
entire consideration as expressed In said
pretended bill Of sale was fictitious. sinnti-
lated and fraudulent. and that no money
or other consideration OF value vas. paid
by the pretended purchaser. clearly pre-
sents d case Of the conveyance Of prop
erty by the debtcr on q simulated con-
sidefation to hinder, delay and defraud
his creditors, and is sufsicient to give q.
court Of equity Jurisdiction.
9 same; equity OF Bill seeking to set
aside a conveyance BY q debtor upon the
ground Of the sale being . mortgages and
reserving benefit to the srantor. Where
4 bill II filsd BY creditor seeking TO set
aside bill Of sale executed by his IN
solvent debtor, and facts are averred
which show that there was no real sale
OF the property. but . mere pretense Of
sale to cover the transaction which In
truth and in fact involved mortgage
given by the debtor to secure pre-exist-
Ing debt alleged to be due from him to the
grantee In the bill ct sale, and that the
bill Of sale operated by secret agreement
between the parties thereto as mort
gage only, there Is shown by such aver
tnents to be secret beneit reserved to
the solvent debtor, which opens the
Transaction to the Succession assault OF
creditors and gives the BiiI equity.
B. Same; equity Of bill. to set aside con-
veyance executed in trust for the krantor.
"a bill filed by creditor to set Asids
bill of sale executed by his insolveit
debtor, which AYERS that said convey
Ance and bill Of sale was made In
trust for the use Of the person making
the same, and is, therefore, fraudulent
and void" as to- the complainant and
then AYERS in detail the facts and cir
cunastafees attending the transaction and
the execution OF said bill of sale, SUM
ciently presents cause for relief against
the transfer of property ny the insolveut
debtor to another in secret trust for him.
self and contains equity.
1. Same: equity Of bill to set aside con-
veyauce by ifboIvent debtor for made
auacy Of cofsideratioh.--A bill in equity
| by a, credit to set aside a bill Of sale
by HE insolvent debtor, Of mules, drayss
harness and dray business. averred that
the u .ssi, the consideration as expressed
| in the bill Of sale was grossly inadequate
| for the property alleged to have been
sold; that said consideration was a pre-
| existing debit that there must have been,
according to the mortgage which had
been previously given By the complain
ants debtor to the bank, some fifty-four
| head of mules. and sufficient number Of
| wagons, drAys and harness to employ that
| number Of mules and besides such con.
| veyanee transfers all the dray business
which. as orator averred, wac well estab-
ished ana paid WE'LL" that there was on
the mules at the time OF the transfer, q
debt secured by a mortgage to the bank
| for Se,H0. 1t Is then averred In the bill
that the complainant ID informed and
believes, and therefore states that said
mules. drayss wagons ana dray business
| was really worth from $500 to $1,000. and
| that therefore the said 1891 of debts
made a consideration for the sale OF
such valuable property, was grossly in
| adequate for the same II vas not shown
| by the bill of sale how many mules. drays
ana harness were sold, the bfll of sale
| describing its subject matter as all
drays. wagons and harness. plows and
other holdings, also my mulsst hat is now
embraced In the mortgage" to the bank.
It was then averred In the bill that at
- - - A. = -
sale. the debtor had In his possession
| only eleven or thirteen mules, ana that
| only this number passed under II. That
| there were at that time only few drays,.
| sets of harness Of any considerable value,
all the other property having been dis
K posed OF by the debtor prior 10 the ekecu-
| ton Of the bill of sale; and that the mules
| which were transferred by the bill Of
sale were not worth over 1900. Held:
| That such Dill does not present case for
equitable interposition upon the ground
that the consideration expressed in the
| bin Of sale by the insolvent debtor was
grossly inadequate to the property trans
ferred. ana that the averments and state.
ments in said bill made arguendo and a.
/ merely conclusions of the pieader, were
| insufficient to give equity to such bill.
! 5. Some; conveyance can not be de-
clared general assignment on bill filed
20 act Il aside as fraudulent Where &
bill In equity is flied by a creditor to
nave set aside and declared fraudulent and
void conveyance by an insolvent debt
or. and that the property conveyed there
In be subjected to the satisfaction. Of
compartments debt to the exclusion OF the
claims Of other creditors. facts being
averred to show that saId conveyance
was made with the intent to hinder de.
lay and defraud other creditors, the COM
plainant is not entitled to have said con-