Stateler v. Superior Court of Alameda Cty.

Citations

• 107 Cal. 536
• 40 P. 949
• 1895 Cal. LEXIS 790

Syllabus

<p>Insolvency—Appeal by Creditor from Adjudication—Stay of Proceedings — Jurisdiction — Modification of Order — Execution Against Homestead. — An appeal by a creditor from an order of adjudication upon a voluntary petition in insolvency stays all further proceedings in the court below upon the judgment or order appealed from, or upon matters embraced therein, and the superior court has no jurisdiction pending the appeal to make an order modifying the order of adjudication so as to allow a judgment creditor to issue execution against the homestead of the insolvent debtor.</p> <p>Id.—Modification of Stay Proceedings—Certiorari. —The decree adjudging the petitioner insolvent and ordering a stay of proceedings constitutes one order, and, where the appeal is from the whole of the adjudication, the court has no power to modify the order staying proceedings pending the appeal, and such order will he annulled upon certiorari.</p> <p>Id. — Fraudulent Transfer of Homestead — Remedy by Action. — Where an insolvent has, prior to filing his petition in insolvency, made a fraudulent transfer of his interest in the homestead property, for the purpose of covering it up and preventing any excess in value from coming to his creditors, a judgment creditor may bring an action on behalf of himself and the other creditors, to set aside such transfer and recover the property for the benefit of the estate, and such action will not contravene the order staying proceedings, but, where the stay ordered is suspended by appeal, no question can arise as to the right to maintain such- an action.</p>