L. W. & P. Armstrong v. Miller

BOULDIN, Justice.

The appeal is from a judgment for claimant in garnishment proceedings. Code, §§ 8079, 8080.

The evidence for claimant tended to show title by gift from the judgment debt- or to his wife, the claimant, prior to incurring the indebtedness to plaintiffs.

Plaintiffs attack the transactions for fraud.

The legal principles applicable to the several phases of the evidence on this issue are well settled in our jurisprudence. Subsequent creditors can avoid transfers of the debtor’s property, by gift or otherwise, only for actual fraud. Fraud is not presumed. It must be proven. But actual…