Straw-Ellsworth Manufacturing Co. v. Cain

Citations

• 20 Wash. 351
• 55 P. 321
• 1898 Wash. LEXIS 531

Syllabus

<p>FRAUDULENT CONVEYANCES—BADGES OF FRAUD—CHAMPERTY—RE-NEWAL NOTES-EFFECT ON SECURITIES-CONTINUANCE.</p> <p>A conveyance fair upon its face, but alleged to be fraudulent as against creditors, will not be set aside upon tbe uncorroborated testimony of the grantor that it was given with fraudulent intent.</p> <p>Tbe existence of one or more badges of fraud is not sufficient to invalidate a written instrument, where, in view of all tbe circumstances, it is apparent that fraud was not intended.</p> <p>A cbampertous contract can be set up as a defense only in an action in which tbe agreement itself is sought to be enforced.</p> <p>Tbe fact that notes secured by mortgage are superseded by renewal notes would not affect tbe securities held by tbe secured creditor as against subsequent judgment creditors.</p> <p>In a suit to set aside a deed and mortgages to a bank, tbe bank was entitled to a continuance for tbe purpose of taking depositions, on the ground of surprise, of former officers of the hank, who had since become non-residents, when it appeared that defendant had been informed by one of the grantors, prior to trial, that he would testify to the dona fides of the transactions, but that on the trial his testimony was that the instruments had been given for the purpose of defrauding creditors.</p>