Hayford v. Wallace

Citations

• 5 Cal. Unrep. 476
• 46 P. 293
• 1896 Cal. LEXIS 1084

Syllabus

<p>Fraudulent Conveyances.—Land Conveyed to a Father in Trust for his minor son, who pays the consideration with money earned by himself, or given to him by the father, who is then solvent, is not subject to the lien of subsequent judgment against the father, so as to render his voluntary conveyance of the land, after becoming insolvent, fraudulent as to his creditors.</p> <p>Trust—Suit to Quiet Title.—Land Which had Been Conveyed in trust for the sole use of the minor son of one of the trustees was, after the minor reached his majority, conveyed by the joint deed of the father and son to the mother, in consideration of love and affection, the second trustee not joining in the conveyance. Held, that, as the purpose of the trust had ceased on the son’s becoming of age, his equitable title passed to the grantee, so far as to enable her to maintain suit to quiet title against all persons except the holders of the legal title.</p> <p>Quieting Title—Evidence.—In an Action to Quiet Title, where defendant set up that the deed of plaintiff was made to defraud the grantor’s creditors, among whom was defendant, an offer by defendant to prove, by the grantor, on cross-examination, that while the latter was insolvent he sold certain other land to another person for a nominal consideration, with a view of defrauding his creditors, was properly refused as not legitimate cross-examination.</p> <p>Evidence.-—Error in Rejecting Evidence is Cured by its subsequent admission.</p>