Greiner v. Greiner

Citations

• 58 Cal. 115

Syllabus

<p>Husband and Wife—Common Property—Conveyance in Fraud of Wife —Involuntary Tp-ustee—-Subrogation.—G., the husband of the plaintiff—pending a suit for divorce brought by Mm (wMck was afterwards dismissed)—-made an assignment of certain notes and mortgages, without consideration and upon a secret trust, in favor of himself, with intent to defraud the plaintiff of her right in them. Prior to the assignment the notes and mortgages were redeemed by G-. from a pledge-holder—in whose hands they were—with money of the plaintiff which he had in his possession.</p> <p>Held-. By using the property of the plaintiff to redeem the notes and mortgages, G-. became a trustee for his wife, and she was entitled to be subrogated to the lien of the pledgee.</p> <p>Id.—Id.—Id.—A wife can not maintain an action while the marriage bond exists, to set aside a transfer of the common property, made by the husband for the purpose of defrauding her. (Morrison, 0. J., and Mybick, J., dissenting.)</p> <p>Id.—Id.-—Id.-—Action Quia Timet.—Probably an action would be maintainable by the wife, while the coverture exists, of the character of a bill quia timet, to procure an injunction to restrain the husband from carrying out a threatened fraudulent transfer of such property which would result in loss to her, or to compel the fraudulent donee or grantee, with notice of the fraudulent intent, to give security to satisfy any claim which she may be found to have to it on the settlement of the affairs of the community, when the marriage tie has been dissolved.</p>