Thomas v. Mackey
Supreme Court of Colorado
Error from District Court of Boulder County. Andrew J. Mackey, the defendant in error, filed his bill of complaint against Jerome Thomas and his wife Sarah, the plaintiffs in error, to set aside a conveyance of lands given to Sarah by James Decker, on the ground that there was no consideration moving from Sarah to Decker, and that the conveyance was in fraud of Mackey, who was a judgment creditor of Jerome Thomas, the husband of Decker’,s grantee.
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Error from District Court of Boulder County. Andrew J. Mackey, the defendant in error, filed his bill of complaint against Jerome Thomas and his wife Sarah, the plaintiffs in error, to set aside a conveyance of lands given to Sarah by James Decker, on the ground that there was no consideration moving from Sarah to Decker, and that the conveyance was in fraud of Mackey, who was a judgment creditor of Jerome Thomas, the husband of Decker’,s grantee. The bill alleges that Decker was indebted to complainant in the sum of $838, on two promissory notes. That on the 27th day of February, 1869,…
1Opinion of the CourtThatcher, C. J.
The charge in the bill that the conveyance made to Sarah P. Thomas was without consideration, and was in fraud of the rights of Andrew J. Mackey, and was so designed and intended to be, and other charges of a like general character, are not sufficient to sustain the de*392cree. The facts upon which the charge of fraud is predicated cannot be left to inference, but must be distinctly and specifically averred. Bryan v. Spruill, 4 Jones’ Eq. (N. C.) 27; Bump on Fraudulent Conveyances, 524; Small v. Boudinot, 1 Stockt. (N. J.) 391; Fraser v. Hext, 2 Strobh. Eq. R. 255; Newell et al. v. Bureau Co., 37…
2Cases cited2 opinions
- Newell v. Board of SupervisorsIllinois Supreme Court · 1865
- Harris v. TaylorCalifornia Supreme Court · 1860
3Cited by11 opinions
- Gwynn v. ButlerSupreme Court of Colorado · 1891
- Wells v. Schuster-Hax National BankSupreme Court of Colorado · 1897
- Kindel v. Le BertSupreme Court of Colorado · 1897
- Martinez v. MartinezSupreme Court of Colorado · 1914
- Gibbs v. WallSupreme Court of Colorado · 1887
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