Sallaske v. Fletcher

Citations

• 73 Wash. 593
• 132 P. 648
• 1913 Wash. LEXIS 1643

Syllabus

<p>Appeal — Record—Exceptions. One general exception to findings of fact is insufficient to secure a review of the evidence; even in equitable actions, where findings are made.</p> <p>Fraudulent Conveyances — Between Husband and Wife — Community Property — Rights of Creditors — “Existing Equity.” The husband’s contingent liability upon a lease, upon which no rent was due at the time, is an “existing equity” in favor of creditors, within Rem. & Bal. Code, § 8766, providing that gifts or conveyances of community property from a husband to his wife are valid, except as to “any existing equity in favor of creditors,” at the time of such gift or conveyance.</p> <p>Fraudulent Conveyances — Rights of Creditors — Contingent Claims. Under the statutes of this state, conveyances which are fraudulent as to creditors are subject to be defeated by creditors having contingent claims subsequently maturing.</p> <p>Fraudulent Conveyances — Evidence—Admissibility. In an action to set aside a fraudulent conveyance, it is admissible, on cross-examination of the fraudulent grantor, to offer a financial statement made by him to an agent of the creditors, representing the aggregate value of his property, although he made the statement for the purpose of procuring a loan.</p>