Peterson v. Tull

Citations

• 85 Wash. 546
• 148 P. 598
• 1915 Wash. LEXIS 1293

Syllabus

<p>Executors and Administrators — Fraudulent Conveyance — Suit to Set Aside — Complaint—Sufficiency. In an action by an administrator to set aside a transfer of his intestate as in fraud of creditors, it is unnecessary that the complaint allege the names of creditors who would be defrauded by reason of such transfer, where it appears that the estate was insolvent.</p> <p>Fraudulent Conveyances — Equitable Title. Where the legal title to property is placed in one and the equitable title remains in the grantor, it is immaterial whether deeds back to the grantor were ever delivered, since equity will lodge the title where in truth it should be.</p> <p>Appeal and Error- — -Harmless Error —Admission of Evidence. Testimony of an attorney as to what one of the parties testified to in another case would not be prejudicial error when the same fact is shown by other evidence.</p> <p>Fraudulent Conveyances — Action—Evidence. In an action to set aside fraudulent conveyances, evidence is admissible that the fraudulent grantee had' testified in another action against her that she had executed a deed back to her grantor.</p> <p>Same — Bona Fide Purchasers' — Sufficiency of Evidence. A finding that a grantee is not a purchaser for value' and in good faith is sustained although he denied knowledge of the conditions existing, where it appears that the holder of the legal title quitclaimed to him for one dollar, and the circumstances and the evidence of an attorney indicated that he had notice of the equitable title, paid no consideration, and his evidence was evasive and improbable.</p> <p>Same — Bona Fide Purchasers — Evidence. In an action to set aside a deed as a fraudulent conveyance, it was not error to permit counsel for the adverse party to interrogate the grantee as to what he paid for the property, when the only objection made was that the testimony was incompetent, irrelevant and immaterial.</p>