Scales v. Scott

Citations

• 13 Cal. 76

Syllabus

<p>In a suit to set aside a judgment confessed by a party to defraud his creditors, it is not necessary that plaintiff should be either a judgment or execution creditor. A lien acquired by attachment suffices.</p> <p>Hoyneman v, Dannenberg, (6 Cal. 376,) affirmed.</p> <p>A slight mistake in the computation of interest,, the date being given, is no evidence of fraud.</p> <p>Where judgment is confessed on a note, a portion of the consideration being advanced from time to time after the date of the note, which drew interest on the whole amount from date, a portion of the interest is fraudulent, and the entire note is void against creditors.</p> <p>McJKenty v. Gladwin, Hugg & Co. (10 Cal. 237,) affirmed.</p>