Kohn v. Nagel

<p>Abstract of the Decision.</p> <p>1. Fraudulent conveyances, § 242*—when evidence shows that conveyance by debtor to wife is presumptively fraudulent as to creditors. On a bill by a judgment creditor against the judgment debtor and the latter’s wife to set aside a conveyance by the debtor to the wife and subject it to the payment of the judgment, evidence examined and held sufficient to support a finding that such conveyance was presumptively fraudulent and void as to creditors whose claims were in existence when the conveyance was made.</p> <p>2. Fraudulent conveyances, § 45*—when actual insolvency need not be shown. To set aside a voluntary conveyance by a judgment debtor as in fraud of ■ the judgment creditor, it is'not necessary to show that, at the time of the conveyance, the debtor was actually insolvent.</p> <p>3. Fraudulent conveyances, § 89*—what is effect of marital relation in determining whether conveyance is void. In ascertaining whether a conveyance from husband to wife is in fraud of creditors, while the marital relation is not, of itself, sufficient ground for holding the transaction void, it is ground for closely scrutinizing the transaction.</p> <p>4. Fraudulent conveyances, § 300*—when decree conforms to bill. On a bill to set aside a conveyance as in fraud of creditors, decree rendered held to follow sufficiently the theory appearing in the bill.</p>