National Surety Co. v. Udd

Citations

• 65 Wash. 471
• 118 P. 347
• 1911 Wash. LEXIS 954

Syllabus

<p>Fraudulent Conveyances- — -Preference—-Fraud of Grantor — Participation by Grantee- — Evidence—Sufficiency—Burden of Proof. The evidence is insufficient to warrant the setting aside of a deed as fraudulent as to creditors, although the grantor was converting his real property into money with fraudulent intent to avoid payment of a judgment in a pending suit, where it appears that the grantee, a cousin of the grantor, was also a creditor and took the conveyance in discharge of an antecedent indebtedness, and it was not shown that he ha,d such notice of the pending suit or so participated in the grantor’s fraud as to cause him to lose the preference; the burden of proof to establish such notice being upon the plaintiff.</p> <p>Same — Cash Payment by Preferred Creditor. A preferred creditor does not lose his preference from the fact he made a cash payment of an excess in order to procure payment of his debt, the debtor refusing to make the conveyance without such payment.</p> <p>New Trial — Newly Discovered Evidence — Probable Effect. A new trial for newly discovered evidence should not he granted where the evidence would not affect the result.</p>