Murray v. Shoudy

Citations

• 13 Wash. 33
• 42 P. 631
• 1895 Wash. LEXIS 44

Syllabus

<p>APPEAL—WHEN EXCEPTIONS TO FINDINGS UNNECESSABY — BECOBD — EVIDENCE IN NARRATIVE FORM — FRAUDULENT CONVEYANCE — INADEQUACY OF CONSIDERATION — EVIDENCE — PLEADING.</p> <p>When a judgment of non-suit has been ordered, without the making of findings of fact and conclusions of law by the court, a review of the questions of fact in the case may, nevertheless, be had on appeal, as Laws 1893, p. 130, §21, requiring exceptions to findings of fact and conclusions of law in order to secure a review thereof, is inapplicable.</p> <p>The fact that a statement of facts is in narrative form will not raise a presumption that the testimony is not all contained therein, in the face of the certificate of the trial judge that the statement and exhibits attached contain all the material facts, matters, things and proceedings occurring at the trial.</p> <p>In an action seeking to subject land, which had been conveyed away by an insolvent debtor, to a judgment obtained against him, evidence is admissible for the purpose of showing that the value of the land was greatly in excess of the consideration for the transfer, when it is charged in the complaint, by proper averment, that the transfer was made in fraud of creditors.</p> <p>The rule requiring matters constituting fraud to be pleaded is sufficiently complied with, in an action to set aside an alleged fraudulent conveyance, when the complaint alleges that “at the time said deed was executed by the said John A. Shoudy and M. E. Shoudy to the said Dexter Shoudy, the said John A. Shoudy and M. E. Shoudy were wholly insolvent and unable to pay their debts; that the said Dexter Shoudy is a son of said John A. Shoudy and M. E. Shoudy, and plaintiff avers that said deed was so executed by the said John A. Shoudy and the said M. E. Shoudy to said Dexter Shoudy without any consideration therefor; that no money or thing of value was paid or to be paid for said premises, but that such conveyance was made for the sole purpose of hindering, delay