Say

Say v. Crocker First National Bank

Good Law
1929 Cal. App. LEXIS 735·98 Cal. App. 408·277 P. 146
Court of Appeal of CaliforniaApril 22, 1929Docket No. 6551.California2,459 words

Opinion

lead Opinion

Needham, J.

This is a suit by Mary E. Say, a married woman, and wife of W. H. Say, against the defendant to quiet title to land in Fresno County. The defendant denied the title of the plaintiff, and alleged the superiority over plaintiff’s title of an attachment lien levied against the land in an action brought by the deféndant against W. H. Say, the husband of the plaintiff, Ivan Mc-Indoo and Henry. Ross. The defendant also sets up as a separate and distinct defense that a certain deed executed by W. H. Say to his wife, the plaintiff, on April 7, 1924, and recorded the same day, about six weeks before the attachment in question was levied, was made with intent and for the purpose of defrauding creditors and particularly the defendant.

At the trial of the case the plaintiff Mary E. Say was the only witness called. No witnesses whatsoever were called by the defendant and appellant. A chain of the record title to the land in question was introduced in evidence. Mrs. Say testified that the land, which is the subject of this litigation, was deeded to her by her mother, and was her separate property. She further testified as to the time of this conveyance, and the deeds were duly placed in…

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