Cantwell
Cantwell v. Gage
Opinion
Lead Opinion
Tyler, J.
This appeal is prosecuted by the intervener Marie B. Gage from a judgment denying her any relief against an attachment on real property standing in her name, which was levied during the course of a suit against her husband, Arthur Gago, the defendant herein.
In the latter suit the intervener filed a complaint in intervention, claiming • ownership of the attached property. Her complaint in intervention, which followed an unsuccessful motion to dissolve the attachment, prayed for a dissolution of the attachment, being in effect an attempt to quiet title against the attachment. The complaint in intervention set up the attachment in the original action levied upon property alleged to be that of the intervener. In reply to the complaint in intervention, plaintiff denied generally and specifically all the allegations of the complaint and set up three affirmative defenses. All of these defenses are based upon the theory of -a fraudulent conveyance of the attached property to intervener by her husband.
The court gave its judgment in favor of plaintiff and respondent, the judgment being that the intervener take nothing by her complaint in intervention. Several grounds are urged for a…