Castle v. Bader

Citations

• 23 Cal. 75

Syllabus

<p>In order to set aside a judgment or conveyance on the ground of fraud, it is not sufficient to aver in general terms that such judgment or conveyance was fraudulent, but the facts and circumstances constituting the alleged fraud must be set forth.</p> <p>Where a creditor files a bill to cancel and set aside a judgment, rendered against his debtor, on the ground that it is fraudulent, and to reach the property of the debtor and have it applied in satisfaction of his demand, the complaint must aver, either that the plaintiff has acquired a lien on the property he seeks to reach, or that he has recovered a judgment upon which an execution has been issued and returned no property found.</p>