Cohen
Cohen v. Heavey
Opinion
Lead Opinion
Shinn, J.
Nathan Cohen and Rose Brooker obtained judgments of about $11,000 each against James A. Bower and Melba L. Bower (to be referred to in the singular). Unable to collect the judgments Cohen and Brooker sued Francis G. Heavey and others alleging that one day after they had obtained their judgments Bower conveyed to Nye, Inc., a corporation, the alter ego of Bower, certain real property and that Nye, Inc. conveyed the property to Heavey without consideration; “the successive transfers were designed to deprive plaintiffs from satisfying their judgments”; Heavey executed a trust deed on the property to secure a loan of $150,000 by a loan association and gave Nye, Inc. a trust deed on the property for $75,000; at a later date, at execution sale, Cohen bought all interest of Bower in the property for $1,000. The prayer of the complaint was for judgment that the conveyances to Nye, Inc. and to Heavey were void, that the property is owned by Bower, subject to the rights of plaintiffs and the loan association, and that all sums received by Heavey be traced and subjected to the judgments of plaintiffs. It was not alleged that Bower or Nye, Inc. was insolvent or that Heavey was guilty of…