Ceinar

Ceinar v. Hawes

Good Law
1922 Cal. App. LEXIS 169·59 Cal. App. 687·211 P. 849
Court of Appeal of CaliforniaNovember 18, 1922Civ. No. 4299.California880 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendants to obtain a judgment declaring a certain transfer of real and personal property fraudulent and to obtain a decree setting the same aside. Judgment was entered in favor of the plaintiff and the defendants have appealed.

Attacking the complaint filed by the plaintiff, the defendants contend that the same does not state a cause of action. In this behalf the appellants state their objections under twelve different heads, but do not argue any of them. Thereupon the appellants cite Albertoli v. Branham, 80 Cal. 631 [ 13 Am. St. Rep. 200 , 22 Pac. 404 ], Although the complaint in the instant case does not directly allege the facts, nevertheless it contains sueh allegations that the inference is strong that when the conveyance was made by the grantor said conveyance transferred all of her properties, both real and personal, and that since the date of said conveyance she has not been the owner of any other properties.

The record before us does not show when the action was commenced, and the only information we have on that subject is a statement of fact set forth in the appellants’ brief. The fact that an execution was issued in…

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