Sharp v. Frank

Citations

• 5 Cal. Unrep. 155
• 41 P. 860
• 1895 Cal. LEXIS 1164

Syllabus

<p>Trial—Findings—Indefiniteness.—Where, in an Action to Quiet Title, involving the question whether a conveyance to plaintiff was with intent to delay or defraud creditors (declared in such ease by Civil Code, section 3439, to be void), the jury returned answers to interrogatories, which the court adopted, subject to its findings of fact, such findings to govern in case of conflict with the answers, and the jury found that plaintiff’s husband conveyed the property to her to prevent defendant from satisfying his claim against him, that plaintiff knew her husband was insolvent, and that he made the deed to plaintiff with intent to hinder and delay, but not to defraud, defendant; and the court found that the deed to plaintiff was not executed “with a view to conceal his property from defendant or his other creditors, nor improperly to hinder or delay them”—the findings will be held too indefinite to support a judgment for plaintiff.</p>