Summary

by John Marshall Harlan Wallace v. Penfield — Opinion of the Court

Neither the conveyance to the wife nor the withdrawal of the husband's means from his business for the purpose of improving the land settled upon the wife, had the effect and operation to hinder or defraud his then existing creditors. Nor does the evidence justify the conclusion that the conveyance was executed, or the improvements made, with an intent to hinder or defraud either existing or subsequent creditors. Giving full weight to all the circumstances, there is no reason to impute fraud to the husband.
Source: Wikisource

by John Marshall Harlan Wallace v. Penfield — Opinion of the Court

The circumstance that the original deed did not give an accurate description of the land intended to be conveyed ought not to be permitted to defeat the original settlement upon the wife; this, because the description was such as to leave no one in serious doubt that the land intended to be conveyed was the identical land now in dispute.
Source: Wikisource

by John Marshall Harlan Wallace v. Penfield — Opinion of the Court

An effort in made to show that some of the debts, evidenced by the notes, upon which the banks obtained judgment, existed when the conveyance of 1868 was executed or when the improvements in question were made. But the evidence furnishes no basis for such a contention, except as to the note for $1,635.25, executed August 14, 1871, by G. H. Simpson, W. Y. Williams, and R. N. Blackwood, and held by the La Grange Savings Bank.
Source: Wikisource

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