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1 Smith & H. 149

Tyner v. Somerville

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

The plaintiffs in error filed a bill in chancery to have a deed set aside. On the hearing the bill was dismissed. The material facts were as follows:— In February, 1842, John Sommerville, one of the defendants conveyed to Ms son Andrew, the other defendant, a tract of land worth about 500 dollars, and with the exception of a small amount of personal property, being all the property he possessed, for the nominal consideration of one dollar.

Relies on Jackson ex dem. Cary v. Parker

Decided 1848-11-15

Per Curiam.

¶1— “ A conveyance made under such circumstances and for such a consideration is fraudulent, and will be set aside on the application of a creditor. Crane v. Stickles, 15 Verm. 252; Jackson v. Parker, 9 Cow. 73; 18 Pick. 248; 5 Har. and John. 372.”

¶2Decree reversed, &c.

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