Gilbert v. Morgan Lumber Co.

Citations

• 87 Wash. 293

Syllabus

<p>Pleading—Variance—Materiality. In an action by a trustee for conversion in which he alleged only possession and right of pbssession, proof of his title and interest, admitted without objection, is not a material variance, where the adverse party was not misled to his prejudice.</p> <p>Assignments for Benefit of Creditors—Title of Assignee. A bill of sale by a failing debtor to a trustee, in the nature of an assignment for the benefit of creditors, passes all the title of the debtor and vests in the assignee paramount title to the property, subject only to prior specific liens thereon.</p> <p>Same—Rights of Creditor—Wrongful Sale—Conversion. Where the title to property of a failing debtor has been vested in a trustee for creditors, a levy and sale under a subsequent judgment against the debtor is a wrongful conversion, and confers no interest or rights by reason of any reversionary interest of the debtor.</p> <p>Same—Rights of Creditor—Estoppel—Assent to Assignment. Where a creditor assents to a bill of sale conveying all the property of the debtor to a trustee for the benefit of and pro rata distribution to creditors, it is estopped from obtaining any lien upon or preference therein under a judgment and levy against the debtor.</p>