Frey v. Gessley ( 1888 )

Pee Cubiam:

Nothing is clearer than that the transaction between the Preys, father and son, however it may have been in intention, was, as to creditors, a constructive fraud. The son was insolvent, and the sale was made for the father’s security, with the arrangement, according to the plaintiff’s own testimony, that when he got his money out of the property it was “to fall back to his son.” On all authority this was a legal fraud, and the court properly so held.

The judgment is affirmed.