Albertoli v. Branham

Citations

• 80 Cal. 631
• 22 P. 404
• 1889 Cal. LEXIS 970

Syllabus

<p>Pleading — Fraud, how Alleged.—In pleading fraud, it is not sufficient to allege it in general terms, but the facts constituting it must be stated.</p> <p>Id. —Transfer in Fraud of Creditors, how Pleaded. —Where a creditor attacks a transfer of property made by his debtor on the ground that it was made to defraud, hinder, or delay creditors, facts must he alleged showing that the conveyance was made in such manner and under such circumstances as to have that effect. Therefore, it must appear that at the time the conveyance was made the debtor had not other property subject to execution out of which his debts could be satisfied. And where the attempt is made to set aside a conveyance on such ground, it must appear from the complaint that at the time the action is commenced the debtor has not other property sufficient to satisfy his debts.</p> <p>Id.—Justification of Levy of Execution. —By parity of reasoning, where a judgment debtor attempts to justify the levy of an execution on property previously transferred by his debtor on the ground that the transfer was made to hinder, delay, and defraud his creditors, the answer ’ must allege that at the time of the levy of the execution there was not other property of the debtor subject to such execution sufficient to satisfy the debt for which the levy was made.</p> <p>Id.—Transfer for Full Consideration—Insolvency of Transferrer. —If the transferee paid full consideration for the property, and had no notice of the intended fraud of the debtor, he will be protected in his purchase, although he knew at the time it was made that the debtor was insolvent.</p>