Fidelity National Bank v. Adams

Citations

• 38 Wash. 75
• 80 P. 284
• 1905 Wash. LEXIS 1119

Syllabus

<p>Limitation op Actions—Judgments—Fraudulent Conveyances ■—Discovery of Fraud—Absence of Judgment Debtor From State. Tbe statute of limitations does not run against an action to set aside a conveyance as fraudulent and subject tbe lands to a judgment, until after the discovery of the fraud, nor while the judgment debtors are absent from the state.</p> <p>Fraudulent Conveyances—Assignment for Benefit of Creditors—Action in Name of Creditors—Assignee Failing to Act ob Discharged. A creditor may bring an action in its own name to set aside a fraudulent conveyance made by the debtor prior to making an assignment for the benefit of creditors, especially if the assignee was a party to the fraud or neglects to act, or has been discharged; and the debtor cannot raise the objection that only the assignee could bring such an action.</p> <p>Same—Discharge in Bankruptcy—Fraudulent Conveyance Prior to Proceedings. A discharge in bankruptcy is no defense to an action by creditors to set aside a fraudulent conveyance, made before the proceedings in bankruptcy, where the property was not subjected to the benefit of the creditors.</p> <p>Trial—Pleadings—Failure to Answer Interrogatories—Extending Time—Discretion. A judgment against the defendants, upon striking out an answer for failure of the defendants to answer interrogatories, and refusing to extend the time therefor, will not be reversed where there was no abuse of discretion in refusing to extend the time.</p>