May v. Mathers

FOSTER, Justice.

This is a bill by a creditor who has foreclosed his mortgage and has a judgment for the deficiency to set aside a sale of other property by the debtor to his son, for fraud, or, in the alternative, to have it declared a general assignment under section 8040, Code.

The court held that the consideration for the deed was to pay a debt barred by the statute of limitations, and .was therefore without adequate consideration and intended to prevent complainant from subjecting his land so conveyed to the satisfaction of his debt to complainant.

The mere fact that the debt is barred by…