Judson v. Lyford

Citations

• 84 Cal. 505
• 24 P. 286
• 1890 Cal. LEXIS 830

Syllabus

<p>Fraudulent Conveyance — Rights of Creditors — Effect of Deed. — A deed in fraud of creditors is absolutely void as against them, and an execution sale of the debtor’s interest carries the legal title, and not an equitable interest merely.</p> <p>Fraud — Question of Fact — Whose Intent is Material. — Under our statute, the question of fraud is a question of fact, — that is to say, a question of intent; and where there is no consideration for the deed, the material thing is the intent of the grantor; the intent of the grantee is immaterial.</p> <p>Id.—Instance — Facts Showing Fraudulent Intent.—If a person is heavily indebted, and conveys all his property, without consideration, in trust, for his children and himself, the inference of a fraudulent intent is irresistible.</p> <p>Practice — Statement — Specification — P resumption. — Where there is a proper specification of the insufficiency of the evidence to justify the decision, the presumption is, that the statement contains all the material evidence in relation to it.</p>