Hasenjeager
Hasenjeager v. Voth
Opinion
Lead Opinion
Buck, J.
This is an action by an administrator to set aside a conveyance alleged to have been made by decedent to her daughter, the defendant Helena Voth, with the intent to defraud creditors. The action was brought under the provisions of sections 1589 to 1591 of the Code of Civil Procedure, and was brought to protect the claim of the First National Bank of Bakersfield in the sum of $3,205, which was the only claim filed in the estate. The defendant A. D. Voth was evidently joined in his capacity as husband of the defendant Helena Voth, while the defendant John H. Peters was the husband of the decedent and was jointly liable on the note in question. But the property covered by the conveyance was owned by the decedent Elizabeth B. Peters, though the husband joined in the deed.
Findings and judgment were entered in favor of the defendants Helena Voth and A. D. Voth and the plaintiff appeals.
The sole ground of appeal is that the evidence is insufficient to sustain certain findings of the trial court to the effect that the conveyance was not made with the intent to defraud creditors, but was made for an adequate and valuable consideration, and that the deceased, at the time of the…