John Hancock Mutual Life Insurance v. Morse

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

The controlling question for decision in this case is whether or not an administrator has the right to maintain a suit for the cancellation of a deed executed and delivered by his intestate during his lifetime upon the ground that same was made in fraud of his creditors. The trial court denied the existence of such right and sustained a general demurrer to the petition of an administrator seeking to cancel such a deed, but its judgment was reversed by the Court of Civil Appeals and the right of an administrator to…