Benham v. Hawkins

Citations

• 82 Wash. 390
• 144 P. 532
• 1914 Wash. LEXIS 1530

Syllabus

<p>Fraudulent Conveyances — Between Husband and Wife — Good Faith — Burden of Proof — Evidence—Sufficiency. Upon an issue as to the good faith of a husband in making a gift to his wife of real estate worth $25,000, incumbered by a $15,000 mortgage, while he was indebted, and as to the solvency of the community at that time irrespective of the gift, the burden of proof of establishing the good faith of transactions between husband and wife, cast upon the parties asserting it by Rem. & Bal. Code, § 5292, is not sustained, where the evidence of the value of their other property was very unsatisfactory, and there was little pointing to his ability to pay creditors, except»that he drew a large salary; and the husband’s estate, on his death, was insufficient to pay debts.</p>