Samuel v. Kittenger

Citations

• 6 Wash. 261
• 33 P. 509
• 1893 Wash. LEXIS 275

Syllabus

<p>FRAUDULENT CONVEYANCES — DEED INTENDED AS MORTGAGE — TRUST DEED — PREFERENCES — EVIDENCE.</p> <p>A conveyance of land intended as a mortgage to secure an existing debt is not void as to creditors, in the absence of any showing that the value of the land is greatly in excess of the indebtedness which it is intended to secure.</p> <p>A conveyance of property in trust for those to whom it equitably belongs can in no event be void as to creditors.</p> <p>The fact that, within a few days after the conveyance of certain land for a given consideration, another conveyance is made of the same land, with additional land, to the same grantee and for the same consideration as expressed in the former deed, is not evidence of fraud.</p> <p>A debtor, although in failing circumstances, may pay or secure any one or more of his creditors, to the exclusion of others.</p>