Barter v. Stewart

The question in this case is whether the trial court erred in dismissing plaintiff’s petition that a certain conveyance by defendant William to his wife be declared in fraud of William’s creditors. We uphold the trial court.

*778This petition was filed by a creditor of William E. Stewart, Jr., to set aside a conveyance from William to his wife, Jane, of his interest in certain real estate which he held in joint tenancy with her. After a hearing, the trial court dismissed the petition and plaintiff’s exceptions were transferred by Mullavey, J.

There was evidence that in October 1968, before her…