Butler v. Arnold

Citations

• 115 Wash. 204
• 196 P. 582
• 1921 Wash. LEXIS 685

Syllabus

<p>Fraudulent Conveyances (29, 92)—Invalid Transfer—Conveyances in Trust—Transactions Between Relatives. An absolute transfer of real property by an insolvent debtor to his daughter in consideration of moneys advanced by her to protect the property from sale under a judgment, is not good as an absolute conveyance, as against the rights of other creditors, but will be deemed one in trust to secure her for advances, without a showing of active participation on her part to put the property beyond the reach' of creditors, the fact that she was a volunteer and not a creditor rendering her passive participation sufficient.</p> <p>Same (23)—Consideration—Pre-Existing Liability. Where moneys were advanced by a daughter to an insolvent parent to liquidate a judgment on whieh execution was threatened, and for other purposes, in consideration of which the father executed a deed to' the property, the daughter was entitled to hold the property in trust as against creditors to secure her not only for the money used in liquidating the judgment, but also for the other items entering into the consideration for the transfer.</p>