"Where a conveyance is made ... it is said that the conveyance will stand if the grantor reserves a sufficient amount of property to pay his creditors. But this means a sufficient amount of property not merely at *594 the time of the transfer, but an amount from which in the final analysis the creditors are able to collect their indebtedness in full.”
How later courts described this case
- "Where a conveyance is made ... it is said that the conveyance will stand if the grantor reserves a sufficient amount of property to pay his creditors. But this means a sufficient amount of property not merely at *594 the time of the transfer, but an amount from which in the final analysis the creditors are able to collect their indebtedness in full.”
- Where transfers to members of the family are attacked either upon the ground of actual fraud or on account of their voluntary character, the law imposes the burden on the transferee to establish both a valuable consideration and the bona fides of the transaction by clear and convincing testimony.
- "The law imposes the burden on the transferee to establish both a valuable consideration and the bona fides of the transaction by clear and convincing testimony.”
- parent-child and husband-wife relationships
Written by the judges who cited it.
The opinion
The opinion of the Court was delivered by
Mr. ChiEE Justice Stabler.
I regret that I am unable to agree with Mr. Justice Baker that the judgment in this case should be reversed in part. A careful study of the record convinces me that Judge Oxner correctly decided all questions involved. His order, therefore, which will be reported, is affirmed
in toto.
Messrs. Justices Carter and Bonham concur.
Messrs. Justices BakEr and Fisi-iburne dissent.