Dill v. Carver

Citations

• 70 Wash. 103
• 126 P. 86
• 1912 Wash. LEXIS 1007

Syllabus

<p>Fraudulent Conveyances — Presumptions—Burden of Proof— Evidence — Sufficiency. Under Rem. & Bal. Code, § 5292, providing that, where any question arises as to the good faith of a transaction between husband and wife, the burden of proof shall be upon the party asserting the good faith, the presumption that a transfer by a husband to a wife of 199 shares of corporate stock, valued at $14,000, is fraudulent as to creditors, is not overcome by clear and satisfactory proof, as required, where it appears that the husband was indebted on a judgment for $8,900, that he was being pressed for payment, that his claim that he did not know of the judgment was unfounded in fact, and that he claimed that the transfer was in consideration of $5,000 borrowed and of other stock which he had borrowed and was holding for his wife, which at one time was of the value of $9,000, but was worth only $1,000 at the time of the transfer of the stock in question; and it further appears that the $5,000 came from the sale of a house valued at $7,500 to which the husband had contributed $6,000, that he had made statements that he owned the stock, admitted that he had no intention of paying the judgment, and his evidence was wholly uncorroborated.</p>