Judson
Judson v. Lyford
Opinion
Lead Opinion
Hayne, J.
This was an action by a judgment creditor to set aside a deed made by his debtor to the defendant Lyford, in trust, for certain purposes. The court below gave judgment for the defendants, and the plaintiff appeals.
The general features of the case are as follows: On and prior to September 15, 1883, the plaintiff was the owner of a judgment against one Deffebach, upon which was due the sum of $9,446.74. On that day the latter inherited from his wife an undivided one-third interest in a tract of 646.51 acres of land in Marin County. Within a month *506 thereafter, and while the judgment against him was in force, he made a deed to the defendant Lyford, in trust, to sell sufficient of the property to pay off certain mortgages upon the property, and to collect the income of the remainder, and, after paying the taxes, etc., to pay one half of such income to the grantor during his life, and to use the balance for the support of his minor children, and upon the arrival of the youngest child of age to convey the property to such children in equal shares. (The mortgages referred to were omitted from the litigation by stipulation.) This deed was entirely without consideration. It was…