The Encyclopdia of Evidence volume 1908 Supplement

Cover The Encyclopdia of Evidence volume 1908 Supplement
The Encyclopdia of Evidence volume 1908 Supplement
Edgar W Edgar Whittlesey Camp
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529. See Smith v. Birge, 126 111. App. 596.
Fact that grantor was solvent is an important item of evidence but not conclusive. Quinn v. Mach. Co. , 102 Minn. 256, 113 N. W. 689. 144-85 Transactions by which debtors strip themselves of all their property raise a presumption that they have a fraudulent intent in so doing. McCauley v. Shocky, 105 Md. 641, 66 A. 625; Bailey v. Fran- sioli, 101 App. Div. 180, 91 N. Y. S. 852; Blahnik v. Barta, 130 Wis. 121, 109 N. W. 980. See Hemen- wray v. Thaxter,
... 150 Cal. 737, 90 P. 116; Bekins v. Dieterle, 5 Cal. App. 690, 91 P. 173; Morgan v. Boulton, 25 Ky. L. E. 572, 85 S. W. 747; Jones v. Lossiter, 29 Ky. L. B. 514, 93 S. W. 657; Brewery v. Holzner, 116 La. 719, 41 S. 48.
Where debtor strips himself but uses all of his property to pay cer- tain creditors, a fraudulent intent is disproved. Scott v. Thomas, 104 \'a. 330, 51 S. E. 829. Presumption arises that a grantor had no property left after a volun- tary conveyance when an execution is returned by the sheriff unsatis- fied, at a subsequent time.


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