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• Title: Nelson v. Wilson Et Al.
• Author : Supreme Court of Montana
• Release Date : January 24, 1928
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

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Fraudulent Conveyances ? Husband and Wife ? Gifts ? What Constitutes "Indebtedness" of Grantor ? Equity Guided by Established Rules and Precedents ? Findings ? When Conclusive ? Appeal ? Review of Evidence. Equity ? Appeal ? Findings ? When Conclusive. 1. The findings of the trial court in an equity case will not be disturbed on appeal unless there is a decided preponderance of the evidence against them, nor where there is a sharp conflict in the evidence furnishing reasonable ground for different conclusions. Appeal ? Review of Evidence ? Judgment Presumed Correct Until Contrary Shown. 2. On appeal the supreme court enters upon a review of the evidence, indulging the presumption that the judgment is correct, every legitimate inference being drawn from the evidence to support that presumption. Husband and Wife ? When Advancements Deemed Gifts. 3. Where a wife at various times turned over sums of money to the husband which were used for the common good, nothing being said about loans or repayment, the law presumes the transactions to have been intended as gifts, no promise to repay being implied. Same ? Fraudulent Transfers ? Gifts. 4. A promise made by defendant to his dying wife that he would give to their child a sum equaling gifts of money made to him by the wife was without valuable consideration, and where at the time the husband in an endeavor to carry out the promise purchased real property for an amount equal to the gifts and placed title to it in the name of the child, he was indebted and the transaction left him without sufficient means to pay his creditor, the transfer was void as to him. Gifts Inter Vivos ? Essentials. 5. To constitute a gift one inter vivos, the donor must voluntarily deliver the subject of the gift to the donor, with the present intention to vest the legal title in the latter, who must accept it; delivery of a chose in action may be actual, constructive or symbolical; in the absence of either a written assignment is essential. - Page 561 Gifts Causa Mortis ? Essentials. 6. A gift causa mortis must be made in contemplation, fear or peril of death; the donor must die of the illness or peril which he then fears or contemplates, and delivery must be made with the intent that title shall vest only in case of death. Fraudulent Conveyances ? "Indebtedness" of Grantor ? What Constitutes. 7. As against the contention that defendant at the time he made an alleged fraudulent conveyance was not indebted to plaintiff inasmuch as a mortgage indebtedness which he had assumed was not then due, held that a sum of money which is payable is a debt, without regard to whether it is immediately payable or at some future date, and that therefore defendant was indebted from the day he assumed the mortgage debt. Equity ? Court to be Guided by Established Rules and Precedents, Uninfluenced by Sympathy. 8. A court of equity has no more right than has a court of law to act on its own motion of what is right in a particular case but must be guided by established rules and precedents but little more elastic than those of law; therefore it may not in its decisions be swayed by sympathy or its own individual notions of natural right or justice.

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