Thomas

Thomas v. Hoffman

Good Law
122 Cal. App. 213·1932 Cal. App. LEXIS 1117·9 P.2d 538
Court of Appeal of CaliforniaMarch 29, 1932Docket No. 722.California1,510 words

Opinion

Lead Opinion

Barnard, J.

This is an action to quiet title. On July 21, 1923, the plaintiff and her husband, F. A. Thomas, as vendees, entered into a contract to purchase the real property in question. On January 9, 1925, her husband assigned his interest in this contract to the plaintiff and she subsequently received a deed to the property. Some time after January 9, Í925, this defendant recovered a judgment against the husband, F. A. Thomas, and after sale of this property under execution, received a sheriff’s certificate of sale. In this action, which followed, the defendant set up his claim under the certificate of sale, pleading a fraudulent transfer from his judgment debtor to the plaintiff, and that this transfer was made while the judgment debtor was insolvent. The trial court found in all respects for the defendant, finding' that the judgment debtor was insolvent and that the transfer was fraudulent. The plaintiff has appealed from the ensuing judgment upon the following grounds: 1. That there is no evidence of insolvency on the part of her husband. 2. That there is no evidence of fraud or of an intent to defraud. 3. That the court erred in refusing to admit certain evidence. 4. That the court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.