Babcock v. Chase

Citations

• 111 Cal. 351
• 43 P. 1105
• 1896 Cal. LEXIS 586

Syllabus

<p>Insolvency—Action by Assignee—Voluntary Conveyances—Request of Grantor—Trust—Insufficient Cause of Action.—A complaint by an assignee in insolvency to set aside deeds of real property, which shows that, five years prior to the adjudication in insolvency, at a time when the insolvent is not alleged to have had any creditors, he made a voluntary conveyance of land, for a nominal consideration, to one who subsequently deeded the land to the defendants, also for a nominal con. sideration, and alleging that both of the deeds were without considera, tion, and were given at the request of the first grantor, and that the property might be held for him, without alleging any express trust, or any actual fraud, or any constructive fraud arising from fiduciary relations between the parties, does not state a cause of action to attack the deeds, at suit either of the grantor or of his assignee in insolvency, who, in such case, stands in no different position than the insolvent debtor himself, and is entitled to no relief that the insolvent would not be entitled to if prosecuting the action individually and for himself alone.</p>