Des Portes v. Hall

BOULDIN, Justice.

Á bill filed by an existing creditor to vacate a deed to lands, made by the debtor to his wife and son and to subject the lands to the payment of the debt, alleging the recited consideration was simulated, that in fact the conveyance was voluntary, without valuable consideration, states 'a case of constructive fraud. On proof of the existence of the indebtedness to complainant at the time the deed was executed, the burden is upon the parties to the deed, by proper averment and proof to .make, out an affirmative defense, the fact of a valuable consideration,

By a long line of…