Cashmere State Bank v. Richardson

Citations

• 105 Wash. 105
• 177 P. 727
• 1919 Wash. LEXIS 549

Syllabus

<p>Fra.tjdtji.ent Conveyances (4)—Badges of Fraud—Effect. Retaining possession of a warranty deed by the grantor in failing circumstances is not alone a sufficient badge of fraud to warrant set-, ting aside, as fraudulent, a deed given to a mortgagee of the premises in satisfaction of the mortgage.</p> <p>Same (82)—Evidence—Burden of Proof. In attacking a conveyance as fraudulent, the burden of proof is upon the plaintiff to establish its case, even if no testimony in defense is offered.</p> <p>Same (97)—Evidence—Sufficiency—Consideration. Since a debtor in failing circumstances may prefer a creditor, even to the exhaustion of all his property, a conveyance of mortgaged premises in satisfaction of a mortgage will not be set aside as fraudulent unless the consideration is so grossly inadequate as to amount to fraud; and that does not appear where foreclosure was threatened, the transaction was free from concealment or bad faith and after offer to sell the mortgage to a creditor who did not consider it a safe investment.</p> <p>Lis Pendens (6)—Release—Dismissal. Upon dismissal of a case on the merits, it is proper to clear the record of any cloud by releasing the Us pendens.</p>