Reckers v. Allmond

Citations

• 29 Wash. 238
• 69 P. 734
• 1902 Wash. LEXIS 581

Syllabus

<p>FRAUDULENT CONVEYANCES ■ — • SUFFICIENCY OF EVIDENCE.</p> <p>A prima facie case of fraud by reason of tbe conveyance of all of a debtor’s property pending proceedings to revive a judgment lien against the same is not established, where the evidence shows the property was worth about $16,000, that it was incumbered by mortgages and taxes to the extent of $12,448, and that the debtor received only $1,000 for her equity, when it also appears that the debtor had tried without avail to either sell the property or borrow more money on it; that the mortgages were long past due and the taxes for several years and street assessments against the property delinquent, and that the holder of one of the mortgages was threatening immediate foreclosure; and the fact that the conveyance was made to a man who had at one time acted as the debtor’s attorney, but who had resided for four years in another state, in ignorance of the real situation, except as disclosed in letters of a friend advising the purchase, which letters had been destroyed because containing personal and private matters as well as business matters, would not constitute a badge of fraud, although the vendee or his agent' had knowledge of the proceedings for the revival of the judgment lien.</p>