Marshall v. Buchanan

Citations

• 35 Cal. 269

Syllabus

<p>Action for False and Fraudulent Representations. — An action lies for a false and fraudulent representation whereby another has suffered damage.</p> <p>Idem.—If a debtor, in anticipation of a judgment against him, fraudulently conveys his property to another who is privy to the fraud, with the intent to hinder and delay the creditor, who thereafter obtains judgment and levies his execution on the property in the hands of the fraudulent grantee, hut is afterwards induced to release the levy on the false and fraudulent representations of the grantor, and to permit his judgment to become barred by the Statute of Limitations, by reason of similar false representations by the judgment debtor, to the effect that he has no property and is insolvent, the creditor, on averring and proving these facts, and thab he discovered the fraud but recently before the commencement of the action, is entitled to relief.</p>