WOODFOLK
v.
SEDDON

U.S. | 1888-01-16
No. 943
154 U.S. 658 Supreme Court of the United States (1888)
Also reported at: 31 L. Ed. 598 · 154 S. Ct. 658 · 1880 U.S. LEXIS 1552 · SCDB 1879-243

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Synopsis

A father executed a promissory note to his son with fictitious consideration and then confessed judgment in favor of the son, who subsequently purchased property at a tax sale—all part of a scheme to defraud the father's creditors. The Supreme Court affirmed that these transactions were fraudulent and that the son's purchase at tax sale amounted merely to a payment of taxes, having no legal effect to shield the property from the father's creditors.


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Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

After a careful consideration of this case, we are entirely satisfied that the consideration of the note executed by William W. Woodfolk to his son, William Woodfolk, on which alone the title of the son to the property in controversy depends, was fictitious, and that the-confession of judgment by the father in favor of the son, and the purchase of the property in controversy by the son under execution, were but parts of a scheme devised by the father and son through which it was hoped something might be saved from the wreck of the father’s fortune at the expense of his bona fide creditors. There is no dispute about the law applicable to these facts, and as it will serve no useful purpose to discuss the evidence in detail, a further opinion on this point will • not be delivered.

The purchase of the property at-tax sale by the son was, as we think, under the circumstances, nothing more in legal effect than payment of the taxes, so' far. as the rights of this appellant are concerned. We cannot divest ourselves of the conviction that, it was part and parcel of the scheme devised to hinder and delay creditors in the collection of their debts. Decree affirmed.,


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