Mason v. Vestal

Citations

• 88 Cal. 396
• 26 P. 213
• 1891 Cal. LEXIS 701

Syllabus

<p>Fraudulent Sale — Rights of Creditors.—A sale of property made to hinder, delay, and defraud creditors is, as to such creditors, absolutely void, and not merely voidable.</p> <p>Id. — Pleading — Evidence — Fraud — Relevancy to Issues. — A sheriff, sued for the value of property seized under a writ of attachment against the plaintiff’s brother, need not plead that a sale to the plaintiff from the attachment debtor was fraudulent as to his creditors; but may prove that fact under a denial of the plaintiff’s title and possession, and an allegation of title in the attachment debtor, in connection with a plea of justification under the writ.</p> <p>Id.—Evidence — Impeachment — Rebuttal — Statements of Witness. — The impeachment of the attachment debtor, who has testified as a witness for the plaintiff to the validity of the sale, by evidence on the part of the defendant of statements made by the witness inconsistent with his testimony, and by showing that his reputation for truth was bad, cannot be rebutted by proof on the part of the plaintiff that the witness had made prior statements consistent with his testimony at a time so far remote as to preclude the idea of fabrication.</p>