ON

FRAUDULENT CONVEYANCES

AND

CREDITORS' REMEDIES

AT LAW AND IN EQUITY

INCLUDING A CONSIDERATION OF THE PROVISIONS OF THE
BANKRUPTCY LAW APPLICABLE TO FRAUDULENT TRANS-
FERS AND THE REMEDIES THEREFOR, AND THE PRO-
CEDURE OF TRUSTEES IN BANKRUPTCY IN ACTIONS
EITHER IN STATE OR FEDERAL COURTS FOR
THE RECOVERY OF PROPERTY FRAUDU-

LENTLY TRANSFERRED BY THE

BANKRUPT.

BY DEWITT C. MOORE

OF THE JOHNSTOWN (NEW YORK) BAR, AUTHOR OF “TEE LAW OF CARRIERS."

IN TWO VOLUMES

VOL. 11.

MB

ALBANY, N. Y.:

MATTHEW BENDER & CO.

1908.

COPYRIGHT, 1908,

BY MATTHEW BENDER & CO.

95288

TABLE OF CONTENTS

VOLUME II

CHAPTER XII

RETENTION OF POSSESSION OR APPARENT TITLE BY GRANTOR

SECTION 1. Retention of possession as element or evidence of fraud... 517

2. Transfers presumptively or prima facie fraudulent...

3. Transfers fraudulent per se or conclusively.....

517

524

4. Sufficiency of change of possession.-Open, visible, and

notorious possession

528

5. Exclusive possession necessary

530

6. Exclusive possession necessary where parties live together..

7. Gifts to minor children..

531

532

8. Question for the jury...

533

9. Continued change of possession..

534

10. Subsequent possession by vendor after change of possession.

11. Possession by vendor as agent or bailee of purchaser...

12. Possession by vendor as clerk or servant of purchaser..

13. Possession by vendor as lessee of purchaser..

14. Constructive and symbolical delivery....

535

536

537

538

539

15. Where actual delivery is impossible or property is not

susceptible of complete manual delivery...

540

16. Bulky, cumbersome, and ponderous articles...

542

17. Property in possession of third party as bailee..

PAGE

SECTION 22. Delivery of bill of sale.....

548

23. Possession of land on which personal property is situated..

24. Delivery to common carrier..

rsonal....

548

549

25. Vendee already in possession..

549

26. Separation or marking of property purchased.

550

27. Time of delivery.-Must be within reasonable time..

551

28. Change of possession before levy....

552

29. Assignment in trust for creditors..

30. Possession remaining with mortgagor.

31. Effect of retaining vendor's sign.....

32. Notice of transaction.-Publicity and notoriety.

33. Judicial and public sales.....

553

554

555

556

556

34. Effect of knowledge or notice as to existing creditors...

35. Effect of knowledge or notice as to subsequent creditors....

36. Constructive notice and want of it.-Recording instrument

558

558

559

of transfer....

37. Effect of failure to record or file instrument in general.... 559

38. Rule as to conveyance of real estate...

FRAUDULENT Knowledge and Intent.

SECTION 1. Intent of grantor to hinder, delay, or defraud creditors.... 568

2. Intent to defraud one or more creditors...

3. Accomplishment of purpose

575

576

4. Knowledge and intent of grantee.-Effect of want of knowl-

edge or notice where transfer is for a valuable considera-

tion...

577

5. Effect of want of knowledge or notice where transfer is

voluntary ..

584

6. Effect of knowledge or notice where transfer is to one not

a creditor.

587

7. Effect of proper application of proceeds...

591

8. Knowledge of co-grantee

591

9. Effect of knowledge or notice where transfer is to a cred-

itor. Participation in fraudulent intent where debt is

sole consideration . . . .

592

10. Participation in fraudulent intent where debt is only part

of consideration . . . . .

PAGE

SECTION 14. Participation of one creditor imputable to all...

15. Time when knowledge or notice is acquired....

16. Duty to see to application of proceeds of property....

17. Constructive or implied notice as equivalent to actual

608

608

611

21. Knowledge or notice of indebtedness or insolvency of

grantor ...

617

22. Inadequacy of consideration

619

23. Sale of business and entire stock of goods...

621

24. Knowledge or notice of the pendency of suits against the

grantor ..

622

29. Knowledge or notice implied from relation of parties..

30. Transactions founded on consideration....

625

626

CHAPTER XIV.

RIGHTS AND LIABILITIES OF PARTIES AND PURCHASERS.

SECTION 1. Validity of transaction as between original parties....

2. Right to impeach or rescind transaction as fraudulent..

3. Where parties are not in pari delicto.....

630

638

643

4. Mutual rights and liabilities.-Effect of transaction as to

property rights in general....

10. Right to redeem property transferred as security...

11. Enforcement of fraudulent contract or

13. Enforcement of trust for grantor in general...

14. Purchase at execution sale for benefit of debtor..