Wilhite v. Adams

This is a suit to set aside a transfer of property to the petitioner from her husband before he filed for bankruptcy. S.M. Adams, the trustee in the bankruptcy proceedings of W.J. Wilhite, brought this suit against Mrs. Wilhite alleging the transfer of her husband's dairy business property to her was made with an intent to hinder, delay and defraud Wilhite’s creditors.

Mrs. Wilhite filed a plea of collateral estoppel asserting the issue of fraudulent conveyance had already been litigated in her husband’s prior discharge in bankruptcy. The trial court overruled the plea, and the case was…