Cunningham
Mitchell v. Cunningham
Opinion
Lead Opinion
McCamant, J.
Prior to April 10, 1920, the property in dispute belonged to Charles Rury. On that day he executed conveyances in favor of appellant. On the 9th of December, 1920, Rury filed his voluntary petition in bankruptcy and was adjudged a bankrupt. Appellee was appointed trustee in bankruptcy, and brought suit in the superior court for Benton county on the 12th of January, 1921, to set aside the conveyances from Rury to appellant. Appellant answered, the questions at issue were tried out, and on the 1st of November, 1922, a decree was entered, setting aside these deeds and requiring appellant to convey the property to appellee. An appeal was prosecuted to the Supreme Court of Washington, and the decree was affirmed. The opinion of the court, speaking through Mr. Justice Parker, is reported'in 126 Wash. 294 , 218 P. 386 .
Appellee pleads this former adjudication and the District Court held it a bar to this suit. Appellant contends that the conveyances of April 10, 1920, were good as between the parties, even if they were void as to Rury’s creditors. He also contends that appellee had no standing to litigate the validity of these conveyances, and that the decree in the former litigation…