Simon v. Olympic Securities Co.

Citations

• 130 Wash. 247
• 226 P. 1019
• 1924 Wash. LEXIS 633

Syllabus

<p>Fraudulent Conveyances (93) — Evidence—Sufficiency—Transactions Between Relatives. A bill of sale of an automobile from an insolvent to his daughter is not fraudulent as to his creditors, where it appears that he was, at the time, indebted to her in more than double the value of the car, which was originally paid for in part with her separate estate, and in her possession, the bill of sale being given in partial satisfaction of loans made to him (Tolman and Mackintosh, JJ., dissent).</p> <p>Execution (35-1) — Husband and Wife (86) — Title of Claimant —Community Property — Right op Wife to Assert Third Party Claim. In the summary proceeding by an adverse party, claiming title to property levied upon, under Rem. Comp. Stat., § 573, the claimant need not show absolute ownership; hence claim may be made by a married woman, having a bill of sale and possession of an automobile, without joining her husband, even if it be community property; especially where he consented to a bill of sale in her name and disclaimed interest in it.</p>