Riddell v. Shirley

Citations

• 5 Cal. 488

Syllabus

<p>R., being in insolvent and. embarrassed circumstances, sold certain property to the plaintiff, in order to discharge certain debts which were liens upon his homestead, for the purpose of saving it to himself—all of which the plaintiff was aware at the time he made the purchase. Held, that the sale being with the direct intent of benefit or advantage to the seller, and to the injury of the creditors, is fraudulent and void, as to such creditors.</p> <p>A sale under such circumstances, except to a creditor in payment of his debt alone, and free from knowledge of or collusion with the object of the debtor, ■ must be considered a fraud in fact and in law.</p>