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 COFRTS 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. II.

MB

ALBANY, N. Y.:
MATTHEW BENDER & CO.

1908.

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..

517

3. Transfers fraudulent per se or conclusively...

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.. 531

7. Gifts to minor children..

532

Question for the jury...

533

9. Continued change of possession..

534

10. Subsequent possession by vendor after change of possession. 535

11. Possession by vendor as agent or bailee of purchaser... 536

12. Possession by vendor as clerk or servant of purchaser... 537

13. Possession by vendor as lessee of purchaser..

538

14. Constructive and symbolical delivery..

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..

543

18. Grain stored in elevator....

545

19. Possession by agent or servant of vendor.

546

20. Delivery of a part for the whole..

546

21. Intangible property ...

547

PAGE

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

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

24. Delivery to common carrier..

25. Vendee already in possession...

26. Separation or marking of property purchased..

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

28. Change of possession before levy...

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...

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

of transfer ..

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

38. Rule as to conveyance of real estate.

39. Growing crops .

40. Burden of proof...

548

548

549

549

550

551

552

553

654

555

556

556

558

558

559

559

562

565

567

CHAPTER XIII.

FRAUDULENT KNOWLEDGE AND INTENT.

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

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

575

3. Accomplishment of purpose

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 ....

602

11. Recital of false consideration..

605

12. When creditor's intent is immaterial.

606

13. Participation of trustee imputable to beneficiary.

607

PAGE

608

608

611

611

615

616

617

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

knowledge ..

18. Knowledge of facts to put on inquiry..

19. Mere suspicion .

20. Matters of common or general knowledge.

21. Knowledge or notice of indebtedness or insolvency of

grantor .

22. Inadequacy of consideration

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

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

grantor.

25. Knowledge that debtor is about to abscond..

26. What inquiry is sufficient.....

27. Examination of books and papers.

28. Knowledge of, or notice to, agent...

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

30. Transactions founded on consideration..

617

619

621

622

623

623

623

624

625

626

CHAPTER XIV.

630

638

643

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.....

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

property rights in general....

5. As to title subsequently acquired.

6. Adverse possession as between grantor and grantee..

7. Effect of setting aside conveyance..

8. Right to recover property fraudulently conveyed.

9. Effect of voluntary conveyance....

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

11. Enforcement of fraudulent contract conveyance in

general .

12. Enforcement of fraudulent mortgage..

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

14. Purchase at execution sale for benefit of debtor.

15. Right to proceeds or profits..

16. Right to enforce payment of consideration.

17. Enforcement of note given as consideration.

18. Recovery by grantee of consideration paid..

645

647

648

649

649

653

654

or