Sell v. Bailey

Elliott, C. J. —

The appellant’s complaint assails a conveyance made by Allen E. Bailey, on the ground that it was fraudulent as against creditors. Counsel for the appellant *52say: “ The only infirmity attributed to the complaint below, and the only one anticipated here, is that it is not averred that Bailey, after the conveyance, had not sufficient property remaining to pay his debts. To meet this objection successfully, we must, of course, ask this court to overrule some of its own decisions, and this we do with the utmost confidence. The cases to which we refer are: Pence v. Croan, 51 Ind.…