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AMERICAN

LEADING CASE S.

FRAUDULENT CONVEYANCES.

OF THE VALIDITY OF VOLUNTARY CONVEYANCES, AS AGAINST CREDITORS

AND SUBSEQUENT PURCHASERS, UNDER THE STATUTES 13 ELIZ. C 5, AND 27 ELIZ. C. 4.

SEXTON v. WHEATON AND WIFE.

In the Supreme Court of the United States.

FEBRUARY TERM, 1823.

[REPORTED, 8 WHEATON, 229-252.]

A post-nuptial voluntary settlement, made by a man, who is not indebted

at the time, upon his wife, is valid against subsequent creditors. The statute 13 Eliz. c. 5, avoids all conveyances not made on a conside

ration deemed valuable in law, as against previous creditors. But it does not apply to subsequent creditors, if the conveyance is not

made with a fraudulent intent. What circumstances will constitute evidence of such a fraudulent intent.

This was a bill brought by the appellant, Sexton, in the court below, to subject a house and lot in the city of Washington, the legal title of which was in the defendant, Sally Wheaton, to the payment of a debt for which the plaintiff had obtained a judg- • ment against her husband, Joseph Wheaton, the other defendant.

The lot was conveyed by John P. Van Ness, and Maria, his wife, and Clotworthy Stephenson, to the defendant, Sally

VOL. 1.-2

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