Gillan v. Metcalf

Citations

• 7 Cal. 137

Syllabus

<p>There is no conclusion of fraud, springing from, the want of consideration, in a deed, which will enable a stranger to attack it, though it is a circumstance, among others, from which fraud may be inferred.</p> <p>Where the Court below, sitting as a jury, found that a sale was not made in good faith, and was without consideration, but failed to find, as a fact, a fraudulent intent, and entered judgment accordingly, in favor of a subsequent purchaser: Held, to be error.</p>