Jones v. Simpson,
116 U.S. 609 (1886)

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U.S. Supreme Court

Jones v. Simpson, 116 U.S. 609 (1886)

Jones v. Simpson

Submitted December 10, 1885

Decided February 1, 1886

116 U.S. 609


A sale of personal property made by the vendor with intent to defraud his creditors, but for valuable consideration paid to him by the vendee, followed by actual and continued change of possession, is valid against the vendor's creditors unless it also appears that the vendee acted in bad faith. This rule prevails in Kansas.

In the trial of an action by the vendee of personal property against an officer seizing it on a writ of attachment issued at the suit of a creditor of the vendor to recover damages for the seizure, declarations of the vendor made after delivery of the property to the vendee, but on the same day and fairly

Page 116 U. S. 610

forming part of the res gestae, are admissible to show intent to defraud the vendor's creditors by the sale, if it is also shown by independent evidence that the vendee shared the intent to defraud with the vendor.

When at the trial of such an action it is proved that the vendor made the sale with fraudulent intent to hinder and delay his creditors, the burden is thrown upon the vendee to prove payment of a sufficient consideration, but this being established, the burden is then upon the creditors attacking the sale to show bad faith in the vendee.

The facts which make the case are stated in the opinion of the court.

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