DocketNumber: Docket No. 104
Citation Numbers: 191 Mich. 465
Judges: Beooke, Bird, Kuhn, Moore, Ostrander, Person, Steere, Stone
Filed Date: 6/1/1916
Status: Precedential
Modified Date: 9/8/2022
(after stating the facts). There is only one disputed question of fact in the case, and that is as to whether, at the time the conveyances in question were made, the defendant Alexander Rodgers was in fact possessed of sufficient property aside from that covered by the deeds to satisfy his obligations. It is strongly urged by counsel for defendants that at the time said conveyances were made defendant Alexander Rodgers not only believed himself to be possessed of
“Q. Didn't you tell me that you were having a hard time — you were doing all you could to get Alex’s matters straightened out so that you could legally have this house transferred to Alex and his wife jointly?
“A. I don’t recollect it. I might have made some such statement as that to you, because I had that in mind. The only reason that I didn’t deed it before I did was because I didn’t want it to appear as though*469 I was deeding something away that — or doing something that might appear as though it wasn’t right.
“Q. As though it was to defraud creditors?
“A. Yes, sir; and I purposely left that, and it was delayed.
“Q. Let me call your attention specifically. Sitting in the lobby of the Occidental Hotel one evening when we were talking this matter over, don’t you remember of talking with me in that place about it?
“A. I do; yes, sir.
“Q. Didn’t you tell me that you wanted more time— you wanted to do something; get a little more time — ■ and you were going to try to straighten out this whole matter and get Alex’s matters all straightened out so that you could deed, or have deeded, to Alex and his wife this house jointly? Have you no recollection of that at all?
“A. I don’t remember of — I can’t remember that I ever did make a statement of that kind to you, and yet I don’t doubt that I probably did, too, because I had it in mind, and it would have been the most natural thing in the world to have mentioned that to you. I wouldn’t say that I didn’t make a statement of that kind. I had it in mind, and I wanted to get everything; I wanted to deed that house at that time and had wanted to. I wanted to get things straightened out so that they would look all right on the face of them before doing anything of that kind. * * *
“Q. Didn’t you realize all the time that Alex Rodgers’ affairs were in a very bad way?
“A. I did; yes, sir.
“Q. And from the time you went there and looked into the business you knew that, didn’t you?
“A. Yes; I did. That is one of the thoughts that undoubtedly governed me in my ideas, my wish to have that redeeded. I probably had it—
“Q. That is what I thought.
“A. It probably had its weight.
“Q. You saw just as quick as you got into that business that it was only a question of what Alex could save out of the stock and save his home, wasn’t it?
“A. It was; yes, sir.
“Q. That is all there was to it?
“A. Yes, sir.”
Upon the facts as disclosed by the record, we have no hesitation in agreeing with the finding of the learned circuit judge that at the time the deeds were made the defendant Alexander Rodgers was not possessed of property, aside from that in question, sufficient to pay his debts. Under such circumstances the deeds must be set aside. Fellows v. Smith, 40 Mich. 689; Matson v. Melchor, 42 Mich. 477 (4 N. W. 200) ; Felker v. Chubb, 90 Mich. 24 (51 N. W. 110); Hackett v. Kenning, 170 Mich. 583 (136 N. W. 349).
The decree is affirmed, with costs.