Fry
Fry v. Bihr
Opinion
Opinion
Draper, J.
Plaintiff filed an action against defendant Richard Bihr for damages for personal injuries. Richard then quitclaimed to his wife, defendant Norma, all his interest in real property in Richmond owned in joint tenancy by himself and Norma. There was no consideration for this deed, and it was given and received with knowledge that it was intended to hinder, delay and defraud creditors of Richard. Trial of the personal injury action resulted in judgment for plaintiff against Richard for $15,000 and costs. Plaintiff then filed an action to set aside the conveyance, and shortly thereafter caused writ of execution to be issued and levied upon all right, title and interest of Richard in the Richmond property. At execution sale, plaintiff bid in the property for $150, crediting only this amount against his judgment. Some two months later, on September 25, 1967, Richard again conveyed the land to Norma, this time by grant deed. She gave no consideration for the deed, but two days later, with her own funds, she paid the marshal $150 plus interest, and received from the marshal a certificate of redemption of the property. The marshal paid the amount received from Norma to plaintiff,…