Arnett v. Coffey
Colorado Court of Appeals
Appeal from District Court of Boulder County. In 1889 Henry N. Coffey brought this suit against Anthony Arnett and Mary G., his wife, to cancel sundry conveyances which apparently vested the title to the described property in the wife.
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Appeal from District Court of Boulder County. In 1889 Henry N. Coffey brought this suit against Anthony Arnett and Mary G., his wife, to cancel sundry conveyances which apparently vested the title to the described property in the wife. The bill set up that Coffey had obtained judgment against Arnett in the district court of Boulder county on September 14,1888, for $680.80 and that prior to the rendition of judgment, and "at the time when the indebtedness was incurred upon which judgment was rendered, Anthony Ar-nett was the owner of certain real property. There was no other statement in the…
1Opinion of the CourtBissell, J.
It is universally agreed, that as against existing creditors, a debtor may not make a voluntary conveyance. To bring' the case within this well recognized principle it must be shown by both allegation and proof that the debt to which the property is said to be subject existed at the time of the conveyance, unless there be present an intention to defraud creditors, whose rights are shortly expected to arise, and whose rights may thereafter supervene. Wilcoxen v. Morgan, 2 Colo. 473; Sexton v. Wheaton, 8 Wheat. 229; Jackson v. Jackson, 91 U. S. 122.
As against Anthony Arnett it is tolerably…
2Cases cited14 opinions
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- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
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