¶1I cannot do otherwise than conclude, upon examination of the evidence and papers in this cause, that the conveyance of the houses and lot by *333James C. Wilson to his sister Susanna was voluntary, and was designed to avoid payment of the balance of Humphries’ claim for building the houses, which was then contested and ivas in litigation. The time and manner of the conveyance and the insufficient proof of payment of the purchase money alike lead to this conclusion ; and the confession by Wilson of a large judgment to Riley, when but little or nothing was due to him, and even without his-knowledge, points to the same conclusion, as having the same object. Equity will not allow this. Humphries’ claim for the building is now legally ascertained, and this property is equitably bound for it. I shall, therefore, decree that the deed be set aside as against Humphries’ judgment.
2 Del. Ch. 331
Humphries v. Wilson
Decided September 15, 1865
Court of Chancery of Delaware · decided 1865-09-15
Bill by Creditor against a Voluntary Q-rantee.— The complainant recovered a judgment against the defendant, James C. Wilson, on the 9th of ¡November, 1861, for $276.84. Pending the suit, and before the judgment was recovered, Wilson conveyed a lot of land and house held by him to his sister, Susanna Wilson, the consideration expressed in the deed being $1,000. The deed bore date June 10th, 1861, and was not recorded until March 18th, 1862.
Cited by 1 later decisions — most recently June 1911
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1865-09-15
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