SCHREYER V. SCOTT, 134 U. S. 405 (1890)

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U.S. Supreme Court

Schreyer v. Scott, 134 U.S. 405 (1890)

Schreyer v. Scott

No. 197

Argued January 31, 1890

Decided March 24, 1890

134 U.S. 405


In determining the rules applicable to conveyances of real estate from a husband to his wife, reference should be had not only to the decisions of this Court, but also to those of the state where the parties lived and where the transactions took place.

The rule obtains in New York, and is recognized by this Court, that even a

Page 134 U. S. 406

voluntary conveyance from husband to wife is good as against subsequent creditors unless it was made with the intent to defraud such subsequent creditors or unless there was secrecy in the transaction by which knowledge of it was withheld from such creditors who dealt with the grantor upon the faith of his owning the property transferred, or unless the transfer was made with a view of entering into some new and hazardous business, the risk of which the grantor intended should be cast upon the parties having dealings with him in the new business.

When real estate is acquired by a husband in his own name by the use of the separate property of his wife, a subsequent conveyance of it by him to her is not a voluntary conveyance, but the transfer of the legal title to the equitable owner.

In equity. The case is stated in the opinion.

Page 134 U. S. 407

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