Drain v. F. S. Royster Guano Co.

FOSTER, Justice.

The bill in this suit was filed by a judgment creditor, whose debt was in existence at the time the mortgage sought to be vacated was made.

In paragraph 4, it is alleged that the mortgage was a voluntary conveyance in its entirety, or, in the alternative, that the recited consideration was, in large part, pretended, simulated, and untrue, and intended to hinder, delay, or defraud creditors. The rules which apply to such a situation are that, if the conveyance is voluntary, it is void as to existing creditors. No other allegations are necessary. So that the first alternative…