Trustees of Insolvent Estate of Smith v Smith [1880] ZASCCGH 28 (12 July 1880)

Ord. 6, 1843, § 83.-Fraudulent Alienation by Insolvent.

H. S., a trader, at a period when his affairs were insolvent sold to J. S,., his brother, a certain farm for the sum of £1400. Evidenoe was given in an action brought by the trustees in the insolvent estate of H. S. to procure the setting aside of the sale, to the ejfect that in the opinion of experts the farm was worth more than £2000, but it was found by the Court that the defendant paid a fair price and made the purchase bona fide. Held, that the sale could not be set aside.