Legal Opinion

Heaton v. Shanklin

Indiana Supreme Court

Decided October 10, 1888No. 13,439PublishedCited by 5 opinions

From the Clinton Circuit Court.

1Opinion of the CourtElliott, J.

It is contended by the appellants’ counsel that the evidence does not sustain the finding that the conveyances assailed by the appellees, as creditors of William C. Heaton, were fraudulent, because there is no proof of any corrupt intent. It is true, as counsel argue, that good faith is presumed, and that a conveyance can not be impeached unless this presumption is overthrown; but it is also true that the presumption may be overcome by circumstances, and that a voluntary conveyance may be declared fraudulent as to creditors, although there be no actual fraud. We think there is evidence in…

2Cases cited1 opinion

  1. Indianapolis, Peru & Chicago R. R. v. CollingwoodIndiana Supreme Court · 1880

3Cited by5 opinions

  1. United States v. Elmer L. Denlinger, Myrle Denlinger, and Church of St. MatthewCourt of Appeals for the Seventh Circuit · 1993
  2. Louisville, New Albany & Chicago Railway Co. v. BalchIndiana Supreme Court · 1890
  3. Winemiller v. ThrashIndiana Supreme Court · 1890
  4. Winslow v. DonnellyIndiana Supreme Court · 1889
  5. Conwell v. JegerIndiana Court of Appeals · 1898

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