Phillips

Phillips v. Huffaker

Good Law
1917 Cal. App. LEXIS 474·35 Cal. App. 531·170 P. 431
Court of Appeal of CaliforniaDecember 11, 1917Civ. No. 1788.California1,008 words

Opinion

Lead Opinion

Lennon, J.

Defendants appeal from a judgment entered in favor of the plaintiff as trustee in bankruptcy of the defendant, E. Huffaker, to set aside a deed made by said Huffaker to his wife, the defendant Jennie B. Huffaker, on the ground that it was made within four months of the adjudication decreeing the defendant E. Huffaker a bankrupt; that it was without consideration, and made for the purpose of hindering, delaying, and defrauding creditors.

Briefly, the facts are these: On January 12, 1915, one Gray secured a judgment against the defendant E; Huffaker, in the sum of $1,105. After the rendition of that judgment, but before the entry thereof, the defendant E. Huffaker reconveyed a one-half interest in certain real property to his wife, the defendant Jennie B. Huffaker, which she had previously conveyed to Mm, and then filed a petition, in bankruptcy and was adjudicated a bankrupt.

The Huffakers defended the present action upon the ground that the property in question was held by the husband in trust for the wife, and was therefore rightly reconveyed to her.

The only question raised upon this appeal is as to the sufficiency of the evidence to support the trial court’s findings that…

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