Jones v. Williams
Supreme Court of Vermont
Appeal in Chancery. Creditor’s bill to set aside a conveyance on tbe ground of fraud. Heard on a special master’s report at the March Term, 1917; Rutland County, Butler, Chancellor. Decree for the plaintiff. Both parties appealed. The opinion states the case. The prevailing doctrine in this country is that indebtedness at the time of a voluntary conveyance raises a presumption of fraud.
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Appeal in Chancery. Creditor’s bill to set aside a conveyance on tbe ground of fraud. Heard on a special master’s report at the March Term, 1917; Rutland County, Butler, Chancellor. Decree for the plaintiff. Both parties appealed. The opinion states the case. The prevailing doctrine in this country is that indebtedness at the time of a voluntary conveyance raises a presumption of fraud. Sexton v. Wheaton, 21 U. S. 229; Note, 1 L. R. A. 520; Brackett v. Waite, 4 Vt. 389; Thacher v. Phinney, 7 Allen 146; U. S. v. Houseman, 6 í'aige 526. The fact that Hugh J. was indebted at the time of the…
1Opinion of the CourtTaylor, J.
Hugh J. Williams, formerly of Poultney, died testate July 26, 1909. In the settlement of his estate claims largely in excess of the visible assets were presented and allowed. Plaintiff, as administratrix of Thomas T. Jones’ estate, is one of the principal creditors. June 1, 1909, Mr. Williams conveyed the house and lot where he resided in the village of Poultney to his wife, the defendant Mary A. Williams. This bill is brought-by the plaintiff in the name of Hugh J. Williams’ executor, pursuant to G-. L. 3340, to set aside this conveyance as being fraudulent as to creditors. The Ludlow…
2Cases cited34 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Lloyd v. FultonSupreme Court of the United States · 1876
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- Kennard v. CurranIllinois Supreme Court · 1909
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