Gardner

Johnson v. Gardner

Good Law
179 F.2d 114
United States Court of Appeals for the Ninth CircuitApril 10, 195012244_1California2,233 words

Opinion

Opinion

McCORMICK, J.

George Gardner, the appellee, as trustee in bankruptcy for the Estate of Ruth Vena Johnson, also known as Ruth Boyce, a voluntary bankrupt, conformable to provisions of the National Bankruptcy Act and the Uniform Fraudulent Conveyance Act brought suit in the District Court to avoid certain purported transfers of real property situate in Los Angeles, California.

The bankrupt, a resident of Los Angeles; her daughter, a resident and citizen of Scotch Plains, New Jersey, and her three minor grandchildren, also residing with their mother and who are represented by their mother as guardian ad litem, were made defendants in the court below, and they are named as appellants in this appeal.

The amended complaint averred substantially that the transfers and the conveyances from Ruth Vena Johnson to the other defendants by which such transfers were to be effectuated were without a fair consideration and were intended to hinder, delay and defraud creditors, both present and future, as of the respective times of such conveyances. It was also alleged that under a general power of attorney which Ruth Vena Johnson obtained from her daughter, defendant Gladys Venes, she has been collecting the…

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