E. I. DuPont de Nemours Powder Co. v. Pederson

Citations

• 108 Wash. 335
• 184 P. 316

Syllabus

<p>Fraudulent Conveyances (91)—Fraud—Evidence—Sufficiency. Under the presumption that a transaction has been honestly made, and the rule that proof of fraud must be clear and satisfactory, quitclaim deeds by a debtor, pending a suit, will not be held fraudulent as to creditors, where one of them was intended as a mortgage to secure a bona fide debt, and the other was to pay an antecedent debt and upon sufficient consideration.</p> <p>Mortgages (22)—Parol Evidence as to Deed. Oral evidence is admissible to prove that an absolute deed was intended as a mortgage.</p> <p>Fraudulent Conveyances (88)—Evidence—Admissibility. In an action to set aside a deed as fraudulent as to creditors, the question as to whether the deed was antecedent to a judgment against the grantor, and therefore subject to the judgment, is not in issue, since the lien of the judgment may be enforced without recourse to such an action.</p>