Gehres v. Wallace

Citations

• 38 Wash. 101
• 80 P. 273
• 1905 Wash. LEXIS 1126

Syllabus

<p>Appeal—Dismissal—Record—Evidence—Admission—Exhibits —Record Books Not Filed in Case. An appeal will not be dismissed for appellant’s failure to incorporate in the evidence as exhibits county records of the auditor’s office exhibited to the trial court by the respondents and purported to be received in evidence, over appellant’s objections, where the trial court refused to require the books to be kept with the files of the case as part of the exhibits, but permitted them to be at once returned to the auditor’s office, since they were not thereby put in ’evidence and appellants could not bring them up on appeal.</p> <p>Fraudulent Conveyances—Assignment to Daughter op Property Belonging to Her—Evidence op Fraud—Supbiciency. The evidence is insufficient to support a finding that an assignment of a land contract from a father to a daughter was fraudulent as to creditors, where it appears that the father made the purchase on behalf of the daughter without consulting her, not having time to do so, that she ratified the contract and made another payment thereon, and that, upon being sued shortly thereafter, the father assigned the contract to the daughter, it being undisputed in the testimony that the purchase money paid on the contract was a part of the proceeds of the sale of wheat received by the daughter as rent from other land owned by her; since the beneficial interest in the lands was at all times in the daughter irrespective of the assignment complained of as fraudulent.</p>