Deering v. Holcomb

Citations

• 26 Wash. 588
• 67 P. 240
• 1901 Wash. LEXIS 692

Syllabus

<p>FRAUDULENT CONVEYANCES-LIMITATIONS-KNOWLEDGE OF ATTORNEY CONSTITUTES NOTICE TO CLIENT.</p> <p>Knowledge by plaintiffs attorney of facts sufficient to put him on inquiry as to fraud on the part of defendant constitutes such notice to both the attorney and his client as to be equivalent to discovery of the fraud sufficient to start the running of the statute of limitations.</p> <p>SAME.</p> <p>The fact that an attorney does not inform his client of knowledge on his part indicating fraud on the part of defendant would not be ground for the client’s asserting want of constructive notice on his part, when there is no showing of collusion between such attorney and the adverse party.</p> <p>SAME — PROPERTY EXEMPT FROM ATTACK.</p> <p>Although a transfer of capital stock may have been originally fraudulent as to creditors, yet property purchased with the dividends on such stock cannot be charged with the original fraud, so as to subject it to the claims of creditors, where no action could have been maintained against the transfer of the stock, because of the bar of the statute.</p> <p>SAME-SEPARATE CREDITORS OF HUSBAND CANNOT ATTACK TRANSFER</p> <p>OF COMMUNITY PROPERTY.</p> <p>A conveyance by the husband to his wife of community realty is not a fraudulent conveyance as against creditors of the husband upon his separate debts.</p> <p>SAME —• GIFT BY HUSBAND TO WIFE •— SOLVENCY OF HUSBAND.</p> <p>A gift by a debtor to his wife will be upheld as a legal transfer, instead of a fraudulent conveyance, where, after making it, he has ample means left to discharge all of his pecuniary obligations.</p> <p>'COSTS ON APPEAL-BRIEFS-DUPLICATION OF MATTER.</p> <p>Where appellant has printed in his opening brief the findings of fact made by the court, the respondent, though prevailing on the appeal, is pot entitled to have costs taxed in his favor for that portion of his brief in which he reprints the findings of fact.</p>