Davis v. Swanson

The bill filed by the appellee is devoid of equity, and should have been dismissed by the chancellor, mero motu. A voluntary conveyance, or a conveyance made with the intent to hinder, delay and defraud creditors, can be avoided only by creditors and purchasers. As between the parties, their personal representatives and heirs, such conveyances are valid. An executor or administrator is the representative of the testator or intestate, succeeding to his rights, and of consequence capable of maintaining only such suits as he could maintain. He is not the representative of creditors, authorized…