Bailey v. Ballou
Supreme Court of New Hampshire
Bill in Equity, by the assignee of Ballou & Page, to set aside •deeds purporting to convey a homestead from Ballou to the ■defendant, his wife, through a third person. Facts found by the court. The deeds were without consideration, and were executed and delivered to the defendant on July 29, 1895, at which time Ballou’s assets and the assets of the firm, aside from the homestead, were of a value barely equal to the amount of his and the firm’s indebtedness.
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Bill in Equity, by the assignee of Ballou & Page, to set aside •deeds purporting to convey a homestead from Ballou to the ■defendant, his wife, through a third person. Facts found by the court. The deeds were without consideration, and were executed and delivered to the defendant on July 29, 1895, at which time Ballou’s assets and the assets of the firm, aside from the homestead, were of a value barely equal to the amount of his and the firm’s indebtedness. In making the deeds, Ballou had no intention to hinder or delay his own or the firm’s creditors in the collection ■of their claims, but…
1Opinion of the CourtPike, J.
The law respecting insolvent debtors provides that all . . . sales and transfers, whenever made, if fraudulent as to •creditors, shall be void; and the assignee may recover . . . any property so . . . sold or transferred.” P. S., c. 201, s. 26. The phrase, “ if fraudulent as to creditors,” has been construed to mean such sales or transfers as are frauds in fact, but not constructive frauds, or frauds by intendment of law. “ Gifts or ■conveyances without valuable consideration are not mere constructive frauds, or frauds by intendment of law. They are, as against creditors, fraudulent in fact.”…
2Cases cited3 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Smith v. . ReidNew York Court of Appeals · 1892
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
3Cited by2 opinions
- DeWeese v. PeopleSupreme Court of Colorado · 1916
- Blanchard v. DiNardo, Pennsylvania Court of Common Pleas, Bucks County1988