Cone v. Cross

Robinson, J., delivered the opinion of the Court. We are quite well satisfied that the deed from Cross to his sister was made with the intention, on his part at least, of defrauding his creditors. It is not quite so clear, however, that this intention was known to the ¹⁰⁴ grantee. The property conveyed, contained about three acres of land, with a dwelling house and a blacksmith shop upon it.

The grantee was the only witness as to the facts connected with the sale,, and she says, her brother sold the property because he was going to California. Nothing was said about the price,' or about the terms of payment, till just about the execution of the deed, when she said to her brother that the property was worth, she supposed, four thousand dollars, and he said he supposed so too. She had been living with him forty years, and part of this time had kept his accounts, he being a blacksmith by trade, and after the death of his wife, she looked after the household matters, and these services were worth she thought two thousand dollars, and this sum her brother allowed her in part payment of the purchase money; the balance, two thousand dollars, she paid in cash. So much in regard to the facts connected with the sale itself.

Her brother, it seems, did not, however, go to California, but remained in the dwelling house nearly a year after the sale, without paying any rent; and then went to Prince George's County to live with his son, and she went with him, and has continued to reside there ever since. Before going, however, she sold the property to another brother, John H. Cross, for seven thousand dollars, which she and some of her neighbors thought was about its fair value, and took a mortgage for six thousand dollars to secure the unpaid purchase money. Her brother, John, not being-able to pay the mortgage debt, he afterwards, at her request, conveyed the property to the children of her brother Eobert, the original grantor. It also appears that Eobert Cross was largely indebted at the time of the sale and conveyance to his sister, and had no other property.

Some time before the sale, he had become surety for his son-in-law, Krout, on five notes amounting altogether to seventeen hundred dollars, and what ¹⁰⁵ is rather a significant fact, the first of these notes became due just two days before he conveyed this property to his sister. Now, upon