Gay v. Havermale

Citations

• 27 Wash. 390
• 67 P. 804
• 1902 Wash. LEXIS 406

Syllabus

<p>FRAUDULENT CONVEYANCES —- ACTION TO SET ASIDE-DEFENSE OF LACHES-HOW RAISED.</p> <p>In an action by a judgment creditor to set aside a fraudulent conveyance, laches as a ground of demurrer cannot be inferred from the fact that the complaint shows the lapse of nearly eight years between the perpetration of the fraud and the commencement of action thereon, where the complaint negatives the bar of the statute of limitations by showing the absence of defendants from the state, but the facts constituting laches must be pleaded as an equitable defense in the answer in order to yield relief on that ground to defendants.</p> <p>SAME-FINDING OF LACHES--SUFFICIENCY OF EVIDENCE.</p> <p>The fact that judgment creditors had knowledge of a conveyance by their debtor for a period of seven years before action to set it aside, and could by the use of ordinary diligence have discovered the fraud at any time during said period is not of itself sufficient to establish laches, when there are no facts in evidence imputing inequity to plaintiff or implying injury to defendants because of the delay.</p> <p>SAME-APPEAL-FINDINGS-PRESUMPTION OF SUPPORT BT EVIDENCE.</p> <p>The rule that facts within the issues, not expressly found, are presumed to have been in accordance with the judgment is inapplicable to support a decree against plaintiff on the ground of laches, which recites it is based on the findings and the evidence, when the issue of laches was not raised by the defendants’ answer.</p>