San Francisco Call, Volume 70, Number 49, 19 July 1891 — LAW WAS WITH THE LOVERS. [ARTICLE]

LAW WAS WITH THE LOVERS.

Supreme Court Decision in Knox

Against Cohen.

The Sheriff Cannot Levy on Land Given to Promote a Marriage When It Is Shown Fraud Is Not Intended by the Gift.

It is eight years since Alfred Cohen, a youthful lawyer, met and fell in love with i vi.:: a liray, and Emma likewise fell in love with the y> ung lawjer aforesaici. They agreed to live fur each other's sake and to set married just as soon as possible. Their parents, Cohen senior and Bray senior, smiled serenely upon the romance that was developing, as all things «ood develop in this delightful climate, and us they were well to do they decided to help the yi'iitig people along life's tortuous path. I'apa Bray said in order to encourage the marriage he would convey a house and lot to his daughter on condition that Papa Cohen would furnish the dwelling.

TIIF. DOWBT AUKKED UPOJf.

After some conferences between liray and Cohen the latter accepted the pn position that he furnish the hou&e and Hi ay conveyed a lot to his daughter. The house was furnished by Cohen's father, and In February, lt-H, Alfred and Kunua were made one and moved into the house, where tijey have lived ever since.

At the tin;o Urny conveyed the lot and house to his daughter lie supposed himself to be worth a quarter of a million of dollars. Tho conveyance was not made with any design on his part to defraud creditors and his daughter accepted the provision made for her without any intention to defraud. It turned out afterward, however, that Bray was insolvent wheu he conveyed the property to his daughter.

NOT AS HICH AS HE THOt'OIIT. On tho day of the conveyance be owed Charles Knox over SijO.ooO and a few months later Ktmx recoverea judgment against him for S7!),2l'J. Four year.' later Knox caused an execution to be issued on the judgment and delivered to the Sheriff with instructions to levy on the lot conveyed by Bray to his daughter just before her ninrriage to Cohen. The Sheriff made the levy and was about to sell the lot when Mrs. Cohen brought mi action to restrain the sale upon the ground thct it would cloud her title. The court gavp judgment in her favor and Kuox appealed. The Supreme Court rendered a decision in the c.ise yesterday that will not only keep the cloud off Mrs. Cohen's lot but will dispel any clouds that Knox's suit may have created about her domestic horizon. The court holds that Knox failed to pri've that Bray conveyed the loi which was nis 'laughter's dowry with intent to defraud his creditors, and also held that where one party Conveys laud to another fora valuable and adequate consiMeration the conveyance will bo good against the creditors of tho urtntor, although the latter intended thereby lo defraud his creditors, if the grantee had no knowledge of such and was in no way a participant in tho fraudulent purpose.

■ M AKIIIAt: B IS VALVE RECEIVED. " Marriage," . says • the "■ Court, "is the highest and most valuable of considerations, ami when a conveyance is made upon eu-Ii consideration the grantee, : if gutltlMS of fraud herself, is in at least -as firm and sure a position as if she had paid in ; money the full value of the property conveyed. "It has even been held that a voluntary conveyance to a daughter, intended as a settlement and without present reference to her marriage, will become ex post fncto, valid against creditors and purchasers with only implied notice, if upon the. credit of the conveyance a person lias been induced to marry her. . ■ • ".Marriage being In its nature permanent, And being the most important of all civil relations, the ' law will not lightly allow the inducements that liavo led to it to be disturbed. - And the dowry of ' a bride, without special proof, is presumed to , be an Inducement to her marriage. "The law does not require a delicate investigation into the quantum of influence which her property hat had with her suitor.", .; „-*.: ; .-:■•;; Fox these reasons the court affirms the do-

riMon of the lower court, anil restrains the Sheriff from sellinc Mrs. Cohen's lot.