Voluntary Conveyance

54 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Mrs. Celete Jackson v. Jackson
  90 Fla. 563· Fla.· 1925-11-16 ·cited 89×
  The Florida Supreme Court upheld the cancellation of two deeds that attempted to circumvent constitutional homestead protections by transferring property from a husband (without consideration) to a third party, who then transferred it to the wife. The court held that such indirec
• Robinson v. The Springfield Co.
  21 Fla. 203· Fla.· 1885-01-01 ·cited 85×
  The Florida Supreme Court addresses whether an assignee of a judgment can maintain a bill in equity in its own name to reach fraudulent conveyances made by the original debtor. The Court holds that an absolute assignment requires the assignor to be a party only when equity issues
• Bay View Ests. Corp. v. Southerland
  114 Fla. 635· Fla.· 1934-04-30 ·cited 76×
  In this creditor's bill seeking to set aside alleged fraudulent conveyances, the Florida Supreme Court reversed the trial court's denial of motions to dismiss. The court held that the trial court violated the Chancery Act of 1931 by allowing untimely motions to strike portions of
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  129 Fla. 498· Fla.· 1937-03-16 ·cited 45×
  This case involves a dispute over whether a deed containing a defective property description can be reformed to include land that was levied upon by a judgment creditor after the deed's execution but before the reformation proceeding. The Florida Supreme Court held that reformati
• Ostend Realty Co. v. Biscayne Realty & Ins. Co.
  99 Fla. 1221· Fla.· 1930-05-28 ·cited 44×
  This case concerns whether a bill of complaint sufficiently alleged fraud to set aside conveyances of real estate. The appellate court affirmed the lower court's decision to overrule the defendants' demurrers, finding the allegations of fraud adequate.
• Weathersbee v. Gus J. Dekle
  107 Fla. 517· Fla.· 1933-01-02 ·cited 37×
  The Florida Supreme Court upheld a trial court's decision to void a husband's conveyance of land to his wife as fraudulent against an existing creditor, but reversed the portion setting aside a transfer of bank stock for lack of proof that the transfer was voluntary. The court cl
• S. Lumber & Supply Co. v. Verdier
  51 Fla. 570· Fla.· 1906-01-01 ·cited 36×
  In this creditor's bill, the Florida Supreme Court reversed a trial court decision that upheld a conveyance of real estate from an insolvent debtor husband to his wife, finding the answer insufficient to prove the transaction was bona fide and adequately supported by consideratio
• Fisher v. Grady
  131 Fla. 1· Fla.· 1937-12-23 ·cited 34×
  In this equity case, the Florida Supreme Court held that Don B. Grady, who managed the Poinsettia Hotel in St. Petersburg, held the property in constructive trust for his principal, May F. Fisher, after acquiring title through a foreclosure transaction without her knowledge or co
• Claflin & Thayer v. Ambrose
  37 Fla. 78· Fla.· 1896-01-01 ·cited 32×
  The Florida Supreme Court reversed a lower court decree that upheld several conveyances of property made by Hardee Raulerson to his wife Sarah E. Raulerson, finding that these transfers were fraudulent as to the partnership's creditors because they were made with partnership fund
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Barnott v. Proctor
  128 Fla. 63· Fla.· 1937-04-21 ·cited 30×
  Children of a deceased homestead owner challenged their mother's mortgage of homestead property to John P. Proctor, arguing she could not encumber property that passed to them as heirs. The Florida Supreme Court affirmed the lower court's decision, holding that a 20-year statute
• Addison P. McKeown v. Allen
  37 Fla. 490· Fla.· 1896-01-01 ·cited 30×
  This case involves a fraudulent conveyance claim where a husband conveyed real property and livestock to his wife by deed stating nominal consideration (one dollar) when he was indebted. The Florida Supreme Court held that such voluntary conveyances are presumptively fraudulent a
• Schreiber v. Chase Fed. Sav. & Loan Ass'n
  422 So. 2d 911· Fla. 3d DCA· 1982-10-12 ·cited 28×
  The Florida District Court of Appeal, Third District, granted a motion for rehearing en banc to resolve a conflict between panel decisions regarding the validity of deeds conveying property for love and affection consideration. The court reversed the lower court judgment and held
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  127 Fla. 474· Fla.· 1937-03-16 ·cited 26×
  The Florida Supreme Court reversed a chancellor's decision to allow reformation of a defectively-described deed, holding that a judgment creditor's lien on property not included in the original deed cannot be defeated by later equitable reformation that would relate back to the o
• Culbreath v. Block
  799 F.2d 1248· 8th Cir.· 1986-09-04 ·cited 22×
  Federal officials are protected by qualified immunity if their conduct does not violate clearly established law, even if they fail to comply with agency regulations.
• D. P. Beasley in Bankruptcy of the Estate of P. S. Coggins v. Coggins
  48 Fla. 215· Fla.· 1904-06-01 ·cited 18×
  A trustee in bankruptcy sought to set aside property conveyances made by the bankrupt debtor, arguing they were fraudulent. The trial court sustained a demurrer to the bill. The Florida Supreme Court reversed, holding that a trustee in bankruptcy has standing to challenge fraudul
• Burton v. McMillan
  52 Fla. 469· Fla.· 1906-06-01 ·cited 17×
  Beverly H. Burton and his wife Mary A. Burton sued to recover real and personal property they conveyed to A. M. McMillan, a county clerk, in exchange for his promise not to prosecute Beverly for alleged embezzlement. The Florida Supreme Court held that Mary's deed was obtained by
• Eli Horn & Jeremiah Savell v. Gartman
  1 Fla. 63· Fla.· 1846-01-01 ·cited 17×
  Horn's executors challenged a deed gifting enslaved persons and property to Gartman, arguing it was testamentary, lacked delivery, and improperly created a remainder in personal property. The Florida Supreme Court affirmed the lower court's judgment, holding the instrument valid
• Alston v. Rowles
  13 Fla. 110· Fla.· 1869-01-01 ·cited 14×
  This case addresses procedural defects in an appeal where a defendant's administrator attempted to prosecute an appeal without first reviving the suit after the defendant's death, and without properly identifying all parties. The Florida Supreme Court dismissed the appeal for lac
• United States v. Morton L. Scholnick and Seymour Dunitz
  606 F.2d 160· 6th Cir.· 1979-10-02 ·cited 12×
  The court held that federal law governs the foreclosure of federally insured mortgages, and that the consent decree did not violate due process or Fed.R.Civ.P. 52(a), nor did it improperly extinguish appellants' rights.
• Sample v. Natalby
  120 Fla. 161· Fla.· 1935-06-21 ·cited 11×
  A creditor with a judgment against a debtor sought to set aside conveyances made by the debtor through an intermediary to himself and his wife as tenants by the entireties, claiming the transfers were fraudulent. The Florida Supreme Court reversed the lower court's dismissal, hol
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Hollingsworth v. Arcadia Citrus Growers Ass'n
  122 Fla. 90· Fla.· 1934-06-07 ·cited 10×
  In this 1934 Florida case, the court upheld a decree allowing creditors to reach promissory notes allegedly gifted by a deceased debtor to his wife, finding that the notes remained estate property because the debtor lacked sufficient assets to make valid voluntary conveyances whi
• The Am. Freehold Land & Mortg. Co. v. Sallie L. Maxwell
  39 Fla. 489· Fla.· 1897-06-01 ·cited 10×
  The Florida Supreme Court reversed a decree granting an injunction to prevent the sale of real property under execution. The court held that a married woman failed to prove she purchased the property with her own funds, that a deed from her husband to her was an unrecorded volunt
• Edward Nalle & Co. v. Lively
  15 Fla. 130· Fla.· 1875-01-01 ·cited 10×
  This case involves a challenge to a deed of trust executed by Richard Hayward in 1850 for the benefit of his wife, Harriet W. Hayward. Creditors of Richard sought to set aside the conveyance as fraudulent, but the Florida Supreme Court upheld it, finding valid consideration in Ha
• Trueman Fertilizer Co. v. Stephan
  111 Fla. 207· Fla.· 1933-06-28 ·cited 9×
  Trueman Fertilizer Co. sued to set aside a conveyance of real estate by Ernest Stephan to an attorney as allegedly fraudulent. The Florida Supreme Court affirmed the dismissal of the suit, holding that a conveyance by a husband to a trustee in contemplation of divorce, made in co
• Ropes v. Jenerson
  45 Fla. 556· Fla.· 1903-01-01 ·cited 9×
  The court considered whether a purchaser at a sheriff's sale, who was not in possession of the property, could use equity to set aside a prior conveyance of real estate as fraudulent. The court held that such a suit in equity is improper when the complainant has a legal remedy.
• In re Harbour v. Perkinson
  840 F.2d 1165· 4th Cir.· 1988-03-02 ·cited 8×
  The dissenting judge held that the Perkinsons are entitled to a trial by jury because the trustee's claims, both under federal law for preferences and fraudulent transfers and under state law for voluntary conveyances, are historically legal actions seeking money judgments.
• Yelen v. Bankers Tr. Co.
  476 So. 2d 767· Fla. 3d DCA· 1985-10-15 ·cited 7×
  The dissent argues that a 'due on sale' clause in a mortgage is triggered by a transfer of ownership through foreclosure of a subordinate mortgage, even if the property is later transferred by foreclosure, and that tender of arrears after the lender has declared the entire amount
• Marcel v. Marcel
  132 So. 2d 210· Fla. 2d DCA· 1961-08-02 ·cited 7×
  The court held that the doctrine of 'clean hands' was properly applied to deny the husband's claim to co-ownership of property he voluntarily conveyed to his wife to defraud the government.
• McBRIDE v. Coleman
  955 F.2d 571· 8th Cir.· 1992-01-30 ·cited 6×
  The court held that compensatory sanctions for contempt are not barred by sovereign immunity, as they are necessary to enforce judicial orders and make injured parties whole.
• Hartman v. Lyng
  884 F.2d 1103· 8th Cir.· 1989-09-11 ·cited 6×
  The court affirmed the district court's judgment holding FmHA officials in civil contempt for violating a preliminary injunction, but affirmed the denial of damages and attorney's fees.
• Hartman v. Lauchli
  238 F.2d 881· 8th Cir.· 1956-11-02 ·cited 6×
  The court held that the trustee failed to prove essential elements for claims based on fraudulent transfers to subsequent creditors without showing insolvency or fraudulent intent, and that director liability statutes require existing debts. The judgment on Count 6 was reversed.
• Baker & Holmes Co. v. Cora Lee Gibson
  102 Fla. 891· Fla.· 1931-08-10 ·cited 6×
  Baker & Holmes Company obtained a judgment against W. B. Gibson on promissory notes and levied on lands. Gibson's wife, Cora Lee Gibson, sought to enjoin the sale, claiming the lands as her separate property via deeds executed in November 1926 but not recorded until September 192
• Hall v. United States
  403 F.2d 344· 5th Cir.· 1968-11-22 ·cited 5×
  The statute of limitations for collecting taxes (§ 6502) does not bar a suit against transferees to set aside fraudulent conveyances made by taxpayers, where the government has already obtained judgments against the original taxpayers.
• Freeman v. Alethea R. Tucker
  79 Fla. 402· Fla.· 1920-03-27 ·cited 5×
  This case concerns a suit for specific performance of a land sale contract. The appellate court reversed a lower court's decision, holding that a demurrer should have been sustained because a necessary party, the subsequent grantee of the land, was not included in the suit.
• McBRIDE v. Taylor
  924 F.2d 386· 1st Cir.· 1991-01-30 ·cited 4×
  The court held that FmHA officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights, even if they violated a district court injunction.
• Lauck v. Maissen
  347 So. 2d 795· Fla. 2d DCA· 1977-06-29 ·cited 2×
  Lewis Lauck appeals the trial court's summary judgment dismissing his action for rescission of a deed and an accounting of ranch property. The court affirms the denial of rescission, finding the deed to be an unconditional gift, but reverses the summary judgment's disposition of
• Dodge v. United States
  413 F.2d 1239· 5th Cir.· 1969-07-24 ·cited 2×
  A mistaken grant of property to a charity, where the grantor had the legal right to reformation under state law due to unilateral mistake, is not considered a completed gift for federal tax purposes until the mistake is rectified or the right to reformation is exercised.
• Merit Clothing Co. v. Lees
  218 So. 2d 779· Fla. 2d DCA· 1969-02-12 ·cited 2×
  Shoe and clothing companies appeal a summary judgment in favor of defendants in a dispute over priority of claims to assets of a clothing store. The court held that a bulk sale of inventory in satisfaction of an unrecorded chattel mortgage violates Florida's Bulk Sales Act and th
• Flynn v. O'Dell
  281 F.2d 810· 7th Cir.· 1960-08-03 ·cited 2×
  A conveyance made by a debtor within one year of bankruptcy, without consideration, and which impairs creditors' rights, can be set aside by the trustee as fraudulent under state law, even if actual insolvency is not strictly proven.
• In re A. Roth Co. v. Chatz
  118 F.2d 156· 7th Cir.· 1941-02-28 ·cited 2×
  A quitclaim deed, accompanied by an agreement for reconveyance upon satisfaction of a debt, constitutes a mortgage, not a conveyance of the fee simple title.
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• R.G. Cope, JR., Inc. v. Commissioner OF Internal Revenue
  781 F.2d 852· 11th Cir.· 1986-02-03 ·cited 1×
  The court held that the corporation was not liable as a transferee for its parents' tax liabilities because the property conveyances were not fraudulent under Alabama law.
• Floyd v. Floyd
  297 So. 2d 609· Fla. 4th DCA· 1974-07-19
  In a divorce proceeding, the trial court awarded the husband a special equity equal to a one-half interest in the marital home and a lot despite his voluntary conveyance of both properties to the wife via quitclaim deeds. The appellate court reversed and remanded, holding that a
• Lauril Allis v. Jones
  403 F.2d 707· 8th Cir.· 1968-11-18
  The court held that the trial court erred in misplacing the burden of proof under Arkansas law regarding fraudulent conveyances, and that evidence clearly indicated value in the conveyed properties, entitling the creditor to levy execution.
• Milstid v. Pennington
  268 F.2d 384· 5th Cir.· 1959-06-25
  The court held that conveyances made in conjunction with a divorce property settlement, even if reciting nominal consideration, are supported by valuable consideration and are not voluntary as to existing creditors.
• Kohn v. Commissioner of Internal Revenue
  197 F.2d 480· 2d Cir.· 1952-06-16
  The court held that the basis for computing a capital loss on mortgaged property conveyed to the mortgagee should be the property's fair market value at the time of conveyance, not the full amount of the debt.
• Detrio v. Boylan et ux.
  190 F.2d 40· 5th Cir.· 1951-06-14
  A conveyance to fulfill an oral agreement to reconvey, even if the agreement is otherwise unenforceable as an oral trust, constitutes sufficient consideration to support the conveyance against creditors.
• First Wis. Nat'l Bank of Milwaukee v. Schwab
  141 Fla. 748· Fla.· 1940-02-16
  First Wisconsin National Bank challenged a trust deed executed by Rudolph J. Schwab that was claimed to shield real estate from the Bank's claim against Schwab's estate. The Florida Supreme Court held that a trust deed reserving the grantor's income for life and power to designat