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THE

SOUTHERN

LAW REVIEW.

PUBLISHED BI-MONTHLY.

NEW SERIES-VOLUME IV.

ST. LOUIS :

G. I. JONES AND COMPANY.

1879.

Entered according to Act of Congress, in the year 1879, by

G. 1. JONES AND COMPANY,

In the office of the Librarian of Congress, at Washington.

OHIO RIVIE

SOUTHERN LAW REVIEW

VOL. IV, N. S.] ST. LOUIS, APRIL, 1878. [NUMBER I.

I. EFFECT OF EXEMPTION LAWS ON FRAUDU

LENT CONVEYANCES.

In considering the effect of exemption laws upon the rights of creditors, and of the parties to a conveyance that would otherwise be fraudulent, it is necessary to keep in mind the diverse provisions of these laws themselves; for decisions that are apparently in conflict, upon careful examination, may not unfrequently be found to differ because they are based upon different statutes. Such acts may be roughly divided into three classes, viz.: first, those that exempt certain property absolutely and unconditionally; second, those which exempt certain property only conditionally-as, for instance, while the debtor resides thereon, or uses it for a certain purpose; third, those which allow an exemption only when some positive act is done by the debtor-as, for instance, when he claims it. There are various minor provisions which are not embraced in this classification, the effect of which will have to be considered in each case that is affected thereby; but, in a general way, a careful attention to the diverse influence of these three classes will be found. to explain many of the apparent inconsistencies in the decisions.

The first question which will be considered is whether or not a debtor, being possessed of certain money or property which is not exempt from execution, has a right to convert it into property that is so exempt, with the express intent thereby to defeat the claims of his creditors. In the nega

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