Windhaus v. Bootz

Citations

• 3 Cal. Unrep. 351
• 25 P. 404
• 1890 Cal. LEXIS 1180

Syllabus

<p>Fraudulent Conveyances.—The Transfer of a Debt by a Creditor to a third person, to whom the debtor afterward makes a part payment, and executes a note for the balance, constitutes the transferee the “successor in interest” of the creditor, within the meaning of Civil Code, section 3439, which renders all conveyances by a debtor, made with the intent of defrauding any creditor, void, as against all creditors and their “successors in interest.”1</p> <p>Fraudulent Conveyance.—A Gift of Land by a Father to His Son is not void as against creditors of the father, unless the latter had not, at the time of the gift, sufficient property subject to execution to satisfy his debts.</p> <p>Fraudulent Conveyance—Gift to Son.—The Return of an Execution nulla bona five years after the making of the gift is not sufficient to establish the father’s insolvency when the gift was made.</p>