Fellows v. Smith

• Campbell, C. J.

Fellows sues as a judgment creditor to set aside a conveyance made by Smith to his wife *690Fanny, and a subsequent one from her to Garnsey, as fraudulent against creditors. The conveyance was made in August, 1873, for a nominal consideration of $5,000. The debt now in judgment then existed.

An answer under oath was put in which avers in substance that the consideration of the deed arose in this wise: Smith was very sick and had been for some time, and did not expect to live long, and conveyed the land in consideration that she would pay certain debts, and for some she had already…