Hayford

Hayford v. Wallace

Good Law
1896 Cal. LEXIS 1107·5 Cal. Unrep. 489·46 P. 301
Supreme Court of CaliforniaOctober 6, 1896Sac. No. 79California1,474 words

Opinion

Lead Opinion

Searls, J.

Action to quiet title to separate parcels of land conveyed to appellant by separate deeds. Defendant, as a defense and by way of cross-complaint, averred the tract of land involved in this appeal was conveyed to plaintiff, who is appellant, by W. B. Hayford, her husband, November 7, 1886, without other consideration than love and affection; that at said date said W. B. Hayford was insolvent, and that defendant was a creditor of said Hayford, and that she secured a judgment, under which the land was sold, and she .claims title under a sheriff’s deed, etc. Defendant also pleaded actual fraud on the part of Hayford, and knowledge thereof on the part of his wife. Defendant had a decree in her favor as to the land conveyed to plaintiff December 7, 1886. Plaintiff moved for a new trial, which was refused, and this appeal is from the order of refusal. The court found, among other things: (1) That W. B. Hayford, the husband of plaintiff, on the seventh day of December, 1886, conveyed the land in question to the plaintiff, who entered into possession, (2) That the only consideration for the conveyance was love and affection, and there was no valuable or money consideration therefor. (3)…

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