Purkitt v. Polack

Citations

• 17 Cal. 327

Syllabus

<p>In a bill to set aside certain conveyances of real estate as fraudulent against creditors, there is no necessary inconsistency in averring the grantee to be a fictitious person ; and that the deed to him, or in his name, was made to hinder and defraud creditors.</p> <p>In such bills positive proof of fraud is seldom to be obtained, but the fraudulent intent must be gathered from circumstances. And in this case, the control of the property by the grantor after the alleged sale, his indebtedness to plaintiff at the time, the absence of the grantee from the State, and the failure on the part of the latter to show any payment of consideration, were prima facie proof of fraud.</p>