Cerf v. Phillips

Citations

• 75 Cal. 185
• 16 P. 778
• 1888 Cal. LEXIS 503

Syllabus

<p>Insolvency—Fraudulent Conveyance — Action by Assignee to Recover Property—Demand. —Under section 55 of the insolvent act of 1880, and section 3439 of the Civil Code, a conveyance of his property by an insolvent to one of his creditors is void, and does not give a lawful possession to the transferee, when made by the insolvent, with a view to give a preference, within one month before the filing of a petition against him, the transferee having reasonable cause to believe that the transferrer was insolvent, and that the conveyance was made with a view to prevent the property from coming to the assignee in insolvency, or from being distributed ratably among the creditors, or in any way to delay the operation of or evade the provisions of the insolvent act; and the assignee in insolvency may maintain an action against the transferee to recover the possession of the property, without making a previous demand for its return.</p>