Kalinowski v. McNeny

Citations

• 68 Wash. 681
• 123 P. 1074
• 1912 Wash. LEXIS 1353

Syllabus

<p>Witnesses — Conversations With Party Since Deceased. Where the adverse party defends as legal representative of a deceased person, evidence of conversations with the deceased is inadmissible, under Rem. & Bal. Code, § 1211.</p> <p>Fraudulent Conveyances — -Transactions Between Husband and Wife — Evidence—Sufficiency—Burden of Proof. Under Rem. & Bal. Code, § 5292, providing that upon questions of good faith in transactions between husband and wife the burden of proof shall be upon the party asserting the good faith, an execution sale will not be enjoined at the suit of a wife, where it appears that she transferred the property to her husband in fraud of her creditors, by a deed reciting a valuable consideration, and that thereafter the execution debt was contracted by the husband upon the faith of his apparent title, whereupon he reconveyed the property to the wife in fraud of his execution creditor, before such creditor acquired a lien on the land.</p> <p>Trust — Express Trust — Evidence—Admissibility. A conveyance to the grantor’s husband to retain title for a limited time, to be re-conveyed on request, creates an express trust which cannot be established by parol.</p>