Every gift, grant, conveyance of lands, tenements, hereditaments, goods, or chattels, or of any rent, common or profit out of the same, by writing or otherwise; and every bond, suit, judgment, or execution, had or made and contrived, of malice, fraud, covin, collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures; or to defraud or to deceive those who shall purchase the same lands, tenements, or hereditaments, or any rent, profit, or commodity out of them, shall be deemed and taken, only as against the person, such person's heirs, successors, executors, administrators, and assigns, whose debts, suits, demands, estates, or interest, by such guileful and covinous practices, shall or might be in any wise disturbed, hindered, delayed, or defrauded, to be clearly and utterly void; any pretense, color, feigned consideration, expressing of use, of any other matter or thing, to the contrary notwithstanding.
Code 1858, § 1759 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3143; Code 1932, § 7832; T.C.A. (orig. ed.), § 64-301.
Cross-References. Conveyance to defeat distributive or elective share voidable, §31-1-105.
Creditor's bill to set conveyance aside, title 29, ch. 12.
Remedies for fraud under Uniform Commercial Code, §47-2-721.
Statute of frauds, §29-2-101.
Transfer of title obtained by fraud under Uniform Commercial Code, §47-2-403.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 447.
Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, § 14; 13 Tenn. Juris., Fraudulent and Voluntary Conveyances, §§ 1-5, 9, 14; 17 Tenn. Juris., Libel and Slander, § 3.
Law Reviews.
Fraud Imputation Under Section 523(a)(2)(A): Is a Partner Always Liable for Wrongdoing by the Partnership? (Bernice B. Donald), 24 Mem. St. U.L. Rev. 651 (1994).
The Collection of Debts from Insolvent and Fully-Mortgaged Debtors (John A. Walker, Jr.), 43 Tenn. L. Rev. 399 (1976).
The Conundrum of Directors' Duties in Nearly Insolvent Corporations (Mike Roberts), 23 Mem. St. U.L. Rev. 273 (1993).