Nichols v. Doak

Citations

• 48 Wash. 457
• 93 P. 919
• 1908 Wash. LEXIS 896

Syllabus

<p>Judgment — Conclusiveness—Recitals-—Evidence to Contradict —Bankruptcy—-Discharge—Fraud in Obtaining Property. In bankruptcy proceedings, judgments reciting that recovery was had against the bankrupt because of fraud in obtaining property are conclusive on that question, in a subsequent action by the bankrupt to restrain execution sales by judgment creditors who claimed that the discharge in bankruptcy did not affect judgments taken because of fraud in obtaining property, within § 17 of the Bankruptcy Act; and evidence to controvert the fact recited is inadmissible.</p> <p>Bankruptcy — Decree—Form—Alternative Provisions- — Collateral Attack — Presumptions. Upon a collateral attack of judgments against a bankrupt, reciting that recovery was had against him because of his fraud in obtaining property, and which ordered recovery of specified amounts for damages on account of the fraud, it will be presumed that the court found that return of the property could not be had, and the judgments are not defective in form because not in the alternative.</p> <p>Same — Discharge-—Effect of Fraud in Obtaining Property— Lien of Judgment. Under § 17 of the Bankruptcy Act, judgments obtained in bankruptcy proceedings because of fraud of the bankrupt in obtaining property are not affected by his discharge in bankruptcy, and become liens on property thereafter acquired by the bankrupt while the judgments are in force.</p>