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HUMES V. SCRUBBS, 94 U. S. 22 (1876)

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U.S. Supreme Court

Humes v. Scrubbs, 94 U.S. 22 (1876)

Humes v. Scrubbs, 94 U.S. 22 (1876)

94 U.S. 22

Syllabus

1. A general replication denies every allegation in the answer of a defendant not responsive to the bill. Therefore, he must prove his allegation of a decree in a former suit pleaded by way of estoppel.

2. A decree in a suit between husband and wife confirming a conveyance of real estate made to her by him does not bind his assignee in bankruptcy suing to set such conveyance aside on the ground that it was made in fraud of creditors.

3. If money which a married woman might have had secured to her own use is allowed to go into the business of her husband, be mixed with his property, chanroblesvirtualawlibrary

Page 94 U. S. 23

and applied to the purchase of real estate for his advantage, or for the purpose of giving him credit in business, and is thus used for a series of years, such real estate, unless there is at the time of its purchase a specific agreement that it shall belong to the wife, becomes the property of the husband for the purpose of paying his debts. A conveyance thereof to his wife upon the occurrence of his bankruptcy is a fraud upon his creditors, and void.

4. Fraud is generally a question of fact to be determined by all the circumstances of the case.

This is a suit by the assignee in bankruptcy of John W. Scruggs to set aside a conveyance of certain real estate made by the latter to his wife, as being in fraud of the rights of creditors. The court below dismissed the bill; whereupon the assignee appealed here.

The facts upon which the decision of the court is based are set forth in its opinion.





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