Fenton v. Morgan

Citations

• 16 Wash. 30
• 47 P. 214
• 1896 Wash. LEXIS 5

Syllabus

<p>APPEAL — AMOUNT IN CONTROVERSY — FRAUDULENT CONVEYANCE — ACTION TO SET ASIDE —DECREE.</p> <p>The fact that, subsequent to an appeal in an action seeking to set aside a conveyance as in fraud of creditors and subject certain land to the lien of a judgment, the appellants have had the property in controversy sold under execution in their original action and have had the judgment therein satisfied to such an extent as to leave a balance due them of less than $200, does not constitute ground for dismissal of the appeal.</p> <p>Where the court finds, in an action by a judgment creditor to set aside a deed as made in fraud of creditors, that the deed was in fact a mortgage given in good faith to secure bona fide indebtedness of the grantor, the plaintiff is entitled to a decree delaring his judgment a valid lien upon the property, subject to the mortgage lien, and authorizing the equity of redemption to be sold to satisfy the lien of plaintiff’s judgment.</p>