Booth v. Galt
Synopsis
Conveyance in Fraud of Creditors—Findings—Sufficiency of Evidence.—In an action of ejectment by a purchaser of land at an execution sale, in which the defendant relied upon a conveyance from the execution debtor made prior to the suit, the Court below found that the conveyance was in fraud of creditors.
Held, that the finding was so far supported by the evidence as to preclude this Court from disturbing the judgment.
Homestead—Sufficiency of Declaration.—A declaration of homestead by a married woman (made May 19th, 1875) failed to state that her husband had not made such declaration, and that she therefore made the declaration for their joint benefit, held invalid.
The Court : Appellant relies upon the insufficiency of the evidence to justify the decision and judgment. The only question which the Court had to determine was whether a conveyance from William Galt to his wife, Margaret Galt, was in fraud of, and void as to, a creditor of said William upon a pre-existing debt. We have examined the evidence as to the bona fides of the husband and wife in the conveyance, by the former to the latter, of the premises in controversy, and we are not satisfied that the findings of the Court are not so far supported by it, as to preclude this Court from disturbing the judgment. The declaration of homestead was clearly invalid.
Judgment and order affirmed.
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