Kearny Plumbing Supply Co. v. Gland

The defendant Gland made a gift of real property to his wife, through an intermediary, when he was indebted to the complainant. The debt has been reduced to judgment. The bill is to set aside the conveyance as fraudulent. There was no intentional fraud. There is no proof that the conveyance rendered the defendant insolvent. Query: Is the conveyance voidable as to complainant, an existing creditor?

As the law stood prior to 1919 there was an absolute presumption that a voluntary conveyance was fraudulent as against existing creditors. Severs v. Dodson, 53 N.J. Eq. 633. That has been changed by…