Coleman v. Alderman

DOUGLAS, P. J.-

[995] This is an action to set aside a conveyance of real estate for fraud of creditors. It differs from the usual action of this character in that plaintiff did not become a creditor until some six years subsequent to the conveyance of the real estate, instead of being a creditor at the time the land was transferred.

The first question presented here is whether plaintiff made a prima facie case of fraud as the trial court dismissed plaintiff’s petition with prejudice at the close of plaintiff’s case.

Stronger evidence of fraud is required in a case brought by a subsequent…