Scheltes v. Hunter

<p>Abstract of the Decision.</p> <p>1. Fraudulent conveyances, §155*—when valid inter partes. A conveyance made to defraud creditors is valid inter partes.</p> <p>2. Fraudulent conveyances, § 180*—when voidable. Even as to creditors who are not parties to an assignment and who do not assent to its being made, a fraudulent assignment is not void but only voidable.</p> <p>3. Assignments fob benefit of creditors, § 32*—when assenting creditor cannot attach assignment. A creditor who has full knowledge of the making of an assignment for the benefit of creditors and acquiesces therein is bound by the assignment and cannot attack- it as a fraudulent conveyance, such assignment being neither void nor voidable as to him.</p> <p>4. Assignments fob benefit of creditors, § 32*—when evidence sufficient to show valid assignment. In a replevin suit to recover property alleged to have been assigned for the benefit of creditors, evidence examined and held sufficient to show that the assignment had been made with the knowledge and acquiescence of the defendant in replevin.</p>