Birkhauser

Birkhauser v. Ross

Good Law
102 Cal. App. 582·1929 Cal. App. LEXIS 165·283 P. 866
Court of Appeal of CaliforniaDecember 16, 1929Docket No. 34.California2,737 words

Opinion

Lead Opinion

Marks, J.

On February 21, 1924, judgment was rendered in the Superior Court of Imperial County in favor of respondent and against appellant J. Edgar Ross, in the sum of $2,000, which was subsequently reduced by the court to $1400. Respondent collected the sum of $121.21 upon an execution and the remainder of the judgment remains unsatisfied. Under another execution he levied upon 102 cases of honey, 4 sacks of beeswax, 3 boxes of beeswax and 3 boxes of comb beeswax foundation of the value of about $1400, which .were claimed by appellant Anna M. Ross as her separate property. She gave a bond to release the property from the levy of the execution.

Respondent filed an action to subject the personal property, above described, to his judgment and to cancel and set aside as fraudulent and void as against creditors, a bill of sale from J. Edgar Ross to Anna M. Ross, his wife, dated September 11, 1918, and recorded December 2, 1918, whereby the husband sold to his wife 490 colonies of bees and the equipment used in conducting his apiaries in Imperial County, together with an automobile and a truck. The bill of sale was prepared by respondent, who is an attorney at law, for J. Edgar Ross, who was…

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