Daniels v. Spear

Citations

• 65 Wash. 121
• 117 P. 737
• 1911 Wash. LEXIS 902

Syllabus

<p>Executors and Administrators' — Fraudulent Conveyances — Actions. Tbe rights of an executor to set aside the fraudulent conveyances of the decedent for the benefit of creditors, under Rem. & Bal. Code, § 1540, are the same as though the creditors were prosecuting the action against the fraudulent transferee during the lifetime of the deceased.</p> <p>Fraudulent Conveyances — Actions—Laches—Evidence — Sueeiciency. A transfer of all stock in a corporation will not be held fraudulent as to creditors where the stock was transferred for a valuable consideration not so inadequate as to suggest fraud, and the creditors took no action for fifteen years, knowing that the debtor was in straightened circumstances while the corporation was prospering, and where it was within their power to have discovered that his connection with the corporation as a stockholder had ceased.</p> <p>Husband and Wife — Community Property — Fraudulent Conveyance by Husband — Eights of. Wife. Under Eem. & Bal. Code, § 1540 authorizing the executor, if there is a deficiency of assets, to maintain an action for the benefit of creditors to set aside the fraudulent conveyances of the deceased, the widow of the deceased has no interest in the action as an heir, although the property conveyed by the deceased was community personalty, of which the husband had sole control under Eem. & Bal. Code, § 5917; since it cannot be said that she did not receive the benefit of the conveyance.</p> <p>Costs — Taxation—Witness Fees' — Eeporting Attendance. Under Eem. & Bal. Code, § 482, requiring witnesses to report their attendance to the clerk each day, costs may be taxed for mileage and one day’s attendance, for witnesses who reported their attendance and mileage through the bailiff to the clerk on the last day'of the trial.</p>