Carkeek v. Boston National Bank

Citations

• 16 Wash. 399
• 47 P. 884
• 1897 Wash. LEXIS 332

Syllabus

<p>EBAUDULENT CONVEYANCES — EVIDENCE — PLEADING.</p> <p>In an action involving the title to land, which it is alleged has been transferred in fraud of creditors, the court may properly inquire into the title of lands in another county, when that matter arises incidentally as a part of the question raised upon the title to the land in litigation, and when such lands are alleged to be the consideration for the transfer which is attacked as fraudulent.</p> <p>In an action involving the title to real estate, in which the plaintiff has failed to fully plead title, the defendant may, under general denial, introduce any legal evidence that tends to defeat plaintiff’s title.</p> <p>A voluntary conveyance by a husband to his wife of community lands is voidable as against existing creditors, when the community is not possessed of sufficient other property to satisfy the community indebtedness.</p> <p>Where a husband has attempted to convey community lands to the wife by a transfer which is fraudulent as to creditors, a subsequent transfer to his wife of separate property in consideration of a reconveyance of such lands formerly conveyed to her is voluntary without consideration, and fraudulent as to creditors.</p>