Peterson v. Mohammed

Citations

• 113 Wash. 117
• 193 P. 215
• 1920 Wash. LEXIS 802

Syllabus

<p>Pleading (171, 177) — Issues and Proof — Fraud—Title and Ownership — General Denial. In an attachment action, under a general denial of a defense alleging intervener’s ownership and right to the possession of the attached property without pleading the source of intervener’s title, the plaintiff may show fraud in the conveyance from the defendant to the intervener; since plaintiff need not anticipate the defense of such conveyance.</p> <p>Fraudulent Conveyances (92) — Transactions Between Relatives — Good Faith — Evidence—Sufficiency. A finding of fraud as to creditors in a conveyance from insolvents to a brother-in-law is sustained, where their testimony to support an antecedent debt, not evidenced by any writing, was so confused and contradictory as to render the same unreliable and it impels the conclusion of lack of good faith.</p> <p>Exemptions (18) — Property Exempt — Partnership Property. Partners in the farming of leased land cannot claim exemptions as farmers, out of the partnership property, in a suit on a partnership debt to the lessor.</p> <p>Same (8, 11-1) — Particular Occupations — Use op Articles. Members of a dissolved partnership in the farming of leased land cannot claim exemption as farmers, after surrender of the lease, in the absence of evidence that they were previously engaged in farming, or that they had any place or personal property, or any intent, to engage in farming after surrender of the lease.</p> <p>Evidence (104) — Hearsay—Statement in Letter. A copy of a letter stating that a bank had sent a certain sum of money on behalf of defendant, is inadmissible, as hearsay, to prove that the money had been sent.</p>