Wilcoxson v. Burton

Citations

• 27 Cal. 228

Syllabus

<p>New Trial.—If the evidence is conflicting, a new trial will not be granted on the ground that the findings of the Court are not warranted hy the evidence.</p> <p>Fraudulent Confession of Judgment.—A voluntary confession of a judgment made upon a bona fide debt by the debtor in favor of the creditor, without the knowledge of the creditor, and the issuance of an execution thereon at the request of the debtor, and a levy on the debtor’s goods by virtue thereof—also without the knowledge of the creditor—for the purpose of enabling the creditor to obtain priority over other creditors of the debtor, is such a fraud upon the other creditors as renders the judgment and levy void, as to an attachment or execution in favor of the other creditors afterwards levied on the same property.</p> <p>Voluntary Judgments—When Void.—A judgment rendered upon confession of the debtor, and at his instance, without any request on the part of the creditor, and without his knowledge, is void as between the parties, and will not bar an action brought hy the creditor on the same cause of action, nor will it estop the debtor from denying all the facts set forth in it.</p> <p>Ratification of Judgment.—When a debtor confesses judgment without the knowledge or request of the creditor, and the creditor thereafter ratifies it, and attempts to enforce it, it will become binding between the parties to it hy force of the ratification, hut such ratification cannot affect lights acquired by other parties prior to the ratification.</p> <p>Confession of a Judgment fob a Sum gbeater than is Due. — The execution and delivery of a note by the debtor to his creditor for a sum greater than is actually due, for the purpose of defrauding other creditors of the debtor, and the voluntary confession of a judgment on the same by the debtor, renders the judgment fraudulent and void as to the other creditors of the debtor.</p> <p>What Claim is merged by Jubgment. — A judgment by confession merges no claim of the cred