6 TABLE OF CASES CONTINUED. Lane, McKay vs. 268 Lanier, Southern Life Ins. & Trust Co. vs. 110 Southern Life Ins. & Trust Co. vs. Lanier, 110 DECISIONS OF THE Supreme Court of Florida, AT JANUARY TERM, 1853. HELD AT TALLAHASSEE. DAVID BARROW, APPELLANT, VS. WILLIAM BAILEY, ADMINISTRATOR DE BONIS NON OF JOHN BELLAMY, DECEASED, RE SPONDENT. 1. If a creditor seeks the aid of a Court of Equity against the real estate of his debtor, he must show a judgment at law creating a lien upon such estate; and if he seeks such aid in regard to personal property, he must show an execution, sued out and pursued to every available extent. 2. Upon a proceeding in scire facias quare executionem non, two writs successively issued and returned nihil, are equivalent to one writ returned scire feci, and the court may, upon such returns of nihil, proceed to award execution. 3. When such writ of execution is awarded upon a return of scire feci, the defendant is concluded by the judgment; but when it is awarded upon two returns of nihil, the defendant may afterwards present his defence by audita querela, or upon motion to the court, and may have the full benefit thereof. 4. Inadequacy of price, in a sale of property where the vendor is greatly indebted, is a mark or badge of fraud, and, when associated with other circumstances of suspicion, may be conclusive. Where, therefore, a vendor who was largely indebted, and embarrassed by the pressure of his creditors, sold his entire estate, real and personal, to a friend and relative whom he summoned from a distance to make the purchase, at a price considerably less than the fair market value of the property, and less than the sum of his Barrow vs. Bailey-Statement of Case. debts, the conferences between the vendor and purchaser during the negotiations being secret, and no appraisement by or reference to any third person on the question of values, and the avowed intention being to prevent the property from being sacrificed by creditors at sales under legal process; it was held, that fraud might and ought to be inferred therefrom, and that the conveyance, in equity, should be considered valid only as to the consideration paid by the purchaser which was actually applied to the payment of the debts of the vendor, and that the overplus or residue should be held by such purchaser as a trust fund, for the benefit of the creditors of the vendor. This cause was brought up by appeal from a decree of the Circuit Court of Jefferson county, made at November Term, 1852, by the Hon. J. Wayles Baker, Judge, sitting in Chancery. William Bailey, as administrator de bonis non of John Bellamy, deceased, filed his bill against Henry Doggett and David Barrow, to set aside a sale made by Doggett to Barrow, as fraudulent and void as to creditors. Doggett being largely indebted to the intestate of complainant, and being in embarrassed circumstances, in April, 1845, sold and conveyed to David Barrow all his property in Florida of every description, consisting of large tracts of land, plantation implements, crops, provisions, cattle, horses, and other stock, and one hundred and seventy-eight slaves, for the consideration of forty-five thousand dollars, and an annuity of five hundred dollars during the life of Doggett, who was then old and infirm. Barrow, who was the brother-in-law of Doggett, was summoned to Florida by Doggett for the purpose of making the sale. The bill alleges inadequacy of price, and other badges of fraud, and charges that the sale was made with the intent to hinder, delay and defraud creditors. The answer of Barrow admits his knowledge of the debt in favor of complainant's intestate, the sale to him, and his possession of the property, but denies that there was any fraud in the transaction. He avers that to prevent a |