Gifts Void Against Creditors and Bona Fide Purchasers

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  1. An insolvent person may not make a valid gift to the injury of his existing creditors.
  2. When partial or complete possession of property remains with the donor, every parol gift thereof shall be void against bona fide creditors and bona fide purchasers without notice.

(Orig. Code 1863, § 2619; Code 1868, § 2620; Code 1873, § 2662; Code 1882, § 2662; Civil Code 1895, § 3569; Civil Code 1910, § 4149; Code 1933, § 48-110.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gifts, §§ 1, 8.

C.J.S.

- 38 C.J.S., Gifts, § 7.

ALR.

- Right of creditor or one representing him to recover money paid or property transferred by debtor on illegal consideration, 34 A.L.R. 1297.

Right of parent as against creditor or lienor to make gift to minor child of latter's own services, 44 A.L.R. 876.


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