In re Baird

Citations

• 84 Cal. 95
• 24 P. 167
• 1890 Cal. LEXIS 765

Syllabus

<p>Insolvency — Opposition to Discharge — Deed of Insolvent — Suit by Assignee — Former Adjudication. — When the creditors oppose the discharge of an insolvent on the ground that he executed a conveyance of a tract of land a few days before his petition was filed, a former adjudication, in an action by the assignee of the insolvent to set aside the deed, that such deed was valid, and not fraudulent, constitutes a defense to the opposition of the creditors upon that ground, and is admissible in evidence against them.</p> <p>Id.—Insufficiency oe Evidence. — When the evidence is insufficient to sustain any of the alleged grounds of opposition to the discharge of an insolvent, a judgment sustaining the opposition must be reversed.</p> <p>Plea of Former Adjudication. — A plea of former adjudication need not state that the former judgment had not been appealed from, nor that it had become final.</p>