Briody v. Conro

Citations

• 42 Cal. 135

Syllabus

<p>Collusive Attachment Confess no Right against Subsequent Bona Ride Attachment.—Where a member of a firm in failing circumstances made a firm note to his sister for a personal debt of his own to her, but which was barred by the Statute of Limitations, and procured her to sue the firm upon it, and attach the firm property, and he advanced the costs of suit, and had the property hid off in her name, and it was plain, from the circumstances, that the proceedings were collusive, and that the firm, as a firm, owed her nothing; held, that no title passed by such attachment and sale as against subsequent attaching creditors of the firm.</p>