Chamberlain
Chamberlain v. Chamberlain
Opinion
Lead Opinion
Barnard, J.
This is an action to quiet title to certain real property situated in Los Angeles County. The defendant Evelyn Chamberlain, who is the mother of the plaintiff • Merle E. Chamberlain, conveyed this property to him by a grant deed dated June 30, 1927, and recorded on September 6, 1927. On August 29, 1927, defendants Kurz held a promissory note for $700, signed by defendant Evelyn Chamberlain. On that day they brought suit upon this note in the municipal court of Los Angeles, and on the same day levied an attachment on the real property involved herein, as being the property of said Evelyn Chamberlain. After judgment in that action, the property was sold under execution to the defendants Kurz. Subsequently this action was brought by the plaintiff, who claimed to be the owner of the real property thus attached. In their answer the defendants allege that this property was conveyed to the plaintiff by his mother with the intent to delay and defraud her creditors; that the transfer was without consideration; and that the said Evelyn Chamberlain was at the date of said transfer insolvent and unable to meet her obligations. From a judgment in favor of the plaintiff this appeal was…