Lewis v. Herrera

Citations

• 10 Ariz. 74
• 85 P. 245
• 1906 Ariz. LEXIS 100

Syllabus

<p>1. Deeds — Execution—Requisites—Acknowledgment— Certification —Rev. Stats. Ariz. 1901, Par. 725, Construed. — Under paragraph 725, supra, providing that “Every deed of conveyance of real estate must be signed by the grantor, and must be duly acknowledged before some officer authorized to take acknowledgments, and properly certified to by him for registration,” no deed, unless executed as therein provided, will operate to effect a conveyance of real estate.</p> <p>2. Fraudulent Conveyances — Gift to Wife — Action to Set Aside— Rev. Stats. Ariz. 1901, Pars. 725 and 2698, Construed. — Paragraph 725, supra, provides that every deed of conveyance of real estate must be signed by the grantor and properly acknowledged. Paragraph 2698, supra, reads: “Every gift, conveyance, assignment, transfer, or charge made by a debtor which is not upon consideration deemed valuable in law shall be void as to prior creditors, unless it appears that such debtor was then possessed of property within this territory, subject to execution, sufficient to pay his existing debts. . . .” Where deeds of gift were made in 1903, but not acknowledged until 1904, and before such acknowledgment was“made the grantor became indebted to plaintiff and had not sufficient property within the territory subject to execution to pay his existing debts, such deeds were void as to plaintiff.</p>