Albers
Putnam Sand & Gravel Co. v. Albers
Opinion
Opinion
Ginsburg, J.
Plaintiff recovered a money judgment which was declared to be a lien against certain real property; he appeals from a portion of the judgment which made the lien subject to a claimed homestead exemption.
On August 10, 1967, the defendants Albers and others owed money to plaintiff on an account for building materials. On that date the de fendants Albers conveyed the real property in issue here to the Yorks, their daughter and son-in-law, without consideration. This conveyance was admittedly a fraudulent transfer under the provisions of section 3439.07 of the Civil Code.
On June 7, 1968, plaintiff commenced this action, seeking judgment for the amount of the indebtedness, together with interest thereon. Plaintiff also asked that the conveyance to the Yorks be set aside and annulled on the ground that it was fraudulent as to creditors, and that the judgment for the indebtedness be declared to be a lien on the real property. At the same time, plaintiff recorded a notice of pendency of action, pursuant to Code of Civil Procedure section 409, containing a description of the real property that had been conveyed to the Yorks.