Crandall v. Lee

Citations

• 89 Wash. 115
• 154 P. 190
• 1916 Wash. LEXIS 677

Syllabus

<p>. Fraudulent Conveyances — Remedies of Creditor — Levy and Sale —Title Acquired — Cloud of Outstanding Deed — Removal. A creditor may levy execution upon real property theretofore conveyed in fraud of his rights, without having an execution returned nulla bona, but sale thereunder does not remove the cloud of the outstanding deed, which must be done by a direct attack on the deed, alleging its fraudulent character and by pleading and proving that the debtor has no other'property out of which he can satisfy the debt.</p> <p>Same — Conveyance from Husband to Wife — Presumptions — Quieting Title — Complaint—Requisites. In an action by a judgment creditor to quiet title to property purchased at execution sale, as against the wife of the judgment debtor claiming under a deed in fraud of creditors, which was a matter of record, it is not sufficient to allege that the defendants claim some interest in the property unknown to the plaintiff, on the theory that the deed from husband to wife was presumptively fraudulent; but the complaint must allege the facts as to the deed and relationship and show that plaintiff had an existing equity-at the time of the transfer and that the debtor had no other property to satisfy the debt.</p> <p>Same — Conveyance From Husband to Wife — Presumptions— Burden of Proof — Attack—Pleading. A deed from a husband to a wife carries no presumption of fraud, either as a matter of substantive law or pleading, in view of Rem. & Bal. Code, §8766, authorizing it; and to gain the advantage of Id., § 5292, placing the burden of proving the good faith of a transaction between husband and wife upon the party asserting it, one questioning a deed from husband to wife must plead facts showing that it was actually or constructively fraudulent as to creditors having an existing equity at the time of the transfer.</p> <p>Appeal — Review—Pleadings—Amendments to Conform to Proof. In a judgment creditor’s suit to quiet title to property fraudulently conveyed by t