Bachman v. Sepulveda

Citations

• 39 Cal. 688
• 1870 Cal. LEXIS 135

Syllabus

<p>Fraudulent Conveyance.—Creditor’s Bill.—Judgment.—In an action brought against the grantee, to set aside a conveyance made by a deceased debtor, on the ground that it was made to hinder and delay creditors, to which the representative of the deceased debtor was not a party, it is error to render a judgment declaring a trust against the grantee and in favor of the estate of the grantor.</p> <p>Pleadings.—Judgment.—The judgment must accord with, and be warranted by, the pleadings of the party in whoso favor it is rendered.</p> <p>Idem.—A judgment that is not supported by the pleadings is as fatally defective as one which is not sustained by the evidence.</p> <p>Unusual Practice.—It is an anomaly in practice to render judgment in favor of a party who is not before the Court, and is not represented in any manner in the action.</p>