Browitt v. Fiegle

Citations

• 103 Wash. 334
• 174 P. 444
• 1918 Wash. LEXIS 1065

Syllabus

<p>Fraudulent Conveyances — Transactions Between Husband and Wipe — Subsequent Creditors. Deeds made by husband to wife at a time when he was free from debt and not contemplating engaging in a hazardous occupation, for the purpose of settling advances made to him by the wife and on full consideration, are not fraudulent as to subsequent creditors.</p> <p>Same — Transactions Between Husband and Wipe — Good Faith • —Burden op Proop. Where the good faith of a transaction between husband and wife is assailed, the burden of proof is upon the party asserting the good faith, under Rem. Code, § 5292.</p> <p>Same — Failure to Record Deed — Effect. If a wife’s failure to record her deed from her husband is not due to bad faith or to a fraudulent intent, she is not estopped from asserting title against her husband’s creditors.</p> <p>Same — Title of Grantee — Impeachment by Declarations op Grantor. A grantee’s title cannot be impeached by declarations of the grantor made subsequent to the transfer, showing the grantor’s fraudulent intent as to his creditors.</p>