Henriques

Bank of Cottonwood v. Henriques

Good Law
1928 Cal. App. LEXIS 1022·91 Cal. App. 88·266 P. 836
Court of Appeal of CaliforniaApril 17, 1928Docket No. 3451.California3,328 words

Opinion

Lead Opinion

Plaintiff, Bank of Cottonwood, a banking corporation, brought this action to set aside a deed made by defendant William R. Henriques to his sister, Marie E. Henriques, on December 28, 1921, on the ground that said deed was made and executed for the purpose of hindering, delaying, and defrauding the creditors of the said defendant William R. Henriques.

Frank R. Henriques, the father of defendants William R. Henriques, and Marie B. Henriques, intervened in this action and claimed that he was the owner of the 600 acres of land in Tehama County described in said deed from William R. Henriques to Marie E. Henriques, and that said property was held in trust for him by Marie E. Henriques.

The case, being one in equity, was tried by the court sitting without a jury, and judgment was rendered in favor of the intervener Frank R. Henriques, from which judgment the plaintiff Bank of Cottonwood prosecutes this appeal.

Most of the material facts are without substantial conflict and can be thus briefly stated: The plaintiff is a banking corporation organized under and by virtue of the laws of the state of California and having its principal place of business in the town of Cottonwood, Shasta…

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