Page:North Dakota Reports (vol. 48).pdf/502

, , , and , JJ., concur.

, C. J., concurs in the result.

UNION NATIONAL BANK OF MINOT, Appellant, vy. ANDREW PERSON and EDLA R. PERSON, Respondents.

Fraudulent conveyances—plaintiff’s evidence held not to establish conveyance with intent to defraud creditors.

1. Plaintiff’s action is brought to procure a certain deed executed and delivered by the defendant, Andrew Person to his wife, Edla R. Person, declared fraudulent and void.

It is held that plaintiff has failed to establish as a fact that the conveyance was made with the intent to defraud the creditors.

Appeal from a judgment of the District Court of Burleigh County, Coffey, J.

Judgment affirmed.

Fisk & Murphy, and Cameron & Wattam, for appellant.

A discrepency of 25% between the debt paid and the value of the property conveyed was held such an excess as to entitle the creditors to avoid the conveyance as to the excess even though no actual fraud was imputed. Guitchtel v. Dewall, 59 N. J. Ea. 651; 41 Atl. 227.

A conveyance by the husband to his wife of property worth $5,000.00 for a debt amounting: to $2,856.00 was held to be void as to the excess and creditors allowed to partidpate. Ryan v. Mayer, 108 Mich. 638; First National Bank v. Smith, 149 Ind. 443.

Where the husband disposed of all his property to his wife for a consideration entirely inadequate, the court imputed to the vendor an intent to defraud and imputed knowledge to the vendee and avoided the