Budlong v. Budlong

Citations

• 32 Wash. 672
• 73 P. 783
• 1903 Wash. LEXIS 473

Syllabus

<p>FRAUDULENT CONVEYANCES-CONSIDERATION PASSING BETWEEN HUSBAND AND WIFE.</p> <p>In an action to set aside a transfer of real estate made by a husband to his second wife as in fraud of certain claims of his first wife, a finding of the validity of the transfer was warranted where the second wife testified that the conveyance was made in consideration of the price of certain furniture purchased from her by her husband about the time of their marriage, that she had assumed and subsequently paid from her own means a mortgage of $1,500 upon the property, and that the transfer had been made with the consent of the first wife; the testimony of the'husband that he received no consideration thereto’ being entitled to but little weight, owing to its contradictory character.</p> <p>JUDGMENT-COLLATERAL ATTACK-HARMLESS ERROR.</p> <p>A finding by the court that a judgment which was collaterally attached was obtained by fraud does not constitute reversible error, when the decree in the subsequent action does not attempt to avoid such fraudulent judgment or its legal effect.</p> <p>SAME-EES JUDICATA-ISSUES DETERMINED.</p> <p>A judgment in a prior action between the same parties affecting the same property cannot be res judicata upon the issue of fraud raised in the second case, when there were several affirmative defenses, including that of fraud, raised in the original action, and there is nothing in the record to show upon which of the issues the jury based their verdict in the original action.</p>