Gregory v. Haworth

Citations

• 25 Cal. 653
• 1864 Cal. LEXIS 83

Syllabus

<p>Fraudulent Assignor cannot Sue.—One who makes an assignment of property for the sole purpose of hindering, delaying, and defrauding his creditors, cannot maintain an action against the assignee to compel a re-assignment of it or a judgment for its value, if a re-assignment cannot be had, nor can a purchaser from the assignor, who buys with full knowledge of such fraudulent assignment, maintain such action.</p> <p>Same.—A party who comes into Court with a fraud upon, his lips cannot obtain relief.</p> <p>Allegations of Complaint and Judgment.—A recovery, if had, must he grounded upon the facts which are averred in the complaint, and not upon those which are denied.</p>