Adams v. Wingard

Citations

• 53 Wash. 560
• 102 P. 426
• 1909 Wash. LEXIS 1365

Syllabus

<p>Fraudulent Conveyance — Husband to Wipe — Evidence op Good-Faith — Burden op Proof. Under Bal. Code, § 4580, casting tbe burden of proof upon one asserting good faith in transactions between husband and wife, a deed from the husband to a wife in consideration of love and affection is not shown to have been made in good faith, where it was made on the same day that suit was brought against the husband, and before judgment the husband and wife-joined in a deed of other property which was admittedly a fraud upon creditors; and a mere assertion by the wife that there was no collusion is not sufficient under the circumstances.</p> <p>Same — Return op Nulla Bona- — Solvency op Grantor — Burden op Proop. Where a creditor made at different times two conveyances in fraud of creditors, a return of an execution nulla tona isprima facie evidence that there was no other property out oí which to satisfy the debt, subjecting both conveyances to attack; and the-burden is upon the defendants to show affirmatively that the second conveyance, which was set aside, was sufficient to satisfy the debt, in order to sustain the first conveyance on the theory of solvency at that time.</p>