Fisher v. Moog
U.S. Circuit Court for the District of Southern Alabama
In Equity. Bill by Fisher, Parker & Co. and others to set aside two conveyances made by Bernard Moog, one to his half-brother Aaron Moog and one to bis son-in-law Isadore Strauss, as made in fraud of creditors.
1Opinion of the CourtToulmin, J.
A conveyance of property as against the existing creditors of the grantor cannot be supported unless shown to have been founded on an adequate and valuable consideration, and when between *666the grantee and an existing creditor a controversy arises as to the validity of the conveyance, the onus of proving that it was founded on an adequate and valuable consideration is cast on the grantee. The recital of a consideration in the conveyance is not evidence against the creditor. Hubbard v. Allen, 59 Ala. 283; Harrell v. Mitchell, 61 Ala. 270; Zelnicker v. Brigham, 74 Ala. 598; Buchanan v. Buchanan,…
2Cases cited14 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Pollak v. SearcySupreme Court of Alabama · 1887
- Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883
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3Cited by3 opinions
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- Fleischner v. Bank of McMinnvilleOregon Supreme Court · 1898
- McGraw v. WoodsU.S. Circuit Court for the District of West Virginia · 1899