Joyce

Murray, C. J., concurred.

The conveyance of the lot by E. V. Joyce to Mrs. Joyce, instead of her husband who was the owner, will not alter the character of the estate unless it was palpably done from some fraudulent motive. It is insisted by the respondent, that the conveyance was so made to defraud creditors, but the only thing said in the bill on this point is, that E. Y. Joyce acted under the impression that it would be taken for the debts of the husband, and therefore conveyed it to the wife. There is nothing- however to show that John Joyce co-operated or consented, nor, indeed, that he had any creditors; and although it would have saved much argument and consideration if his bill had positively negatived such a presumption, yet the averment is too feeble for a Court of Equity to determine at one sweep that he was guilty of fraud, and, therefore, deny his right to his own property. Courts will not defeat rights of property on such feeble reasons. It is no doubt a matter of legitimate inquiry, and when established as a fact, then it will be the duty of the Court to enforce the necessary legal result.

As the question of property now stands upon the face of the bill, it was…