Daniel

Daniel v. Sisnero

Good Law
109 Cal. App. 8·1930 Cal. App. LEXIS 509·292 P. 518
Court of Appeal of CaliforniaOctober 7, 1930Docket No. 240.California1,761 words

Opinion

Lead Opinion

Barnard, J.

This is an appeal from a judgment declaring void and of no effect, a deed dated February 15, 1927, whereby Jose Sisnero conveyed certain real property to his father, Simon Sisnero. The plaintiff herein, on July 13, 1927, obtained a judgment against the said Jose Sisnero in a tort action for $6,151.25. That action was begun January 3, 1927, and before judgment therein was rendered the conveyance referred to took place. The judgment in that action was partially satisfied on August 12, 1927, leaving a balance due thereon of $6,082. Thereafter, this action was filed against both parties to the conveyance mentioned, seeking to have said transfer of real property set aside as fraudulent. The answer of defendants admitted the relationship of father and son; the existence of the other judgment; that the same was only partially satisfied; that the defendant Jose Sisnero had not sufficient property out of which the judgment could be satisfied; and that the conveyance sought to be set aside had been made on February 15, 1927. The answer denied, however, that Jose Sisnero had ever been the owner of the real estate in question, it being alleged that Simon Sisnero, the father, had furnished the…

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