110 Wash. 424 | Wash. | 1920
Prior to the controversy involved in this action, Charles F. Chapman and his wife had made their promissory note to the appellant Critzer, securing the same by a mortgage upon certain Spokane county real property. Later the Chapmans sold the mortgaged property to Frank A. Reed, who assumed and agreed to pay the mortgage indebtedness. Thereafter the Chapmans bought a farm located near Chewelah, in Stevens county. In March, 1916, the ap
In November, 1917, the appellant procured to be issued out of the superior court of Spokane county a writ of execution, based upon the deficiency judgment against the senior Chapmans. This execution was levied on the Chewelah lands, and they were sold by the sheriff to appellant Critzer in November, 1917. Shortly prior to the expiration of the year for redemption, the respondents brought this suit against Critzer and the sheriff, wherein they sought to have the sheriff’s sale of the Chewelah lands set aside and the title thereto quieted in them, and to enjoin the sheriff from issuing his deed to the appellant Critzer. The appellants defended on the ground that the Chewelah farm actually belonged to the senior Chapmans and that the deed from them to respondents was without consideration and was fraudulently made for the purpose of defeating the rights of the appellant Critzer, as a creditor.
The testimony and the court’s findings show that the consideration for the Chewelah farm and the per
The appellants contend that the testimony shows the deed of the Chewelah property by the senior Chapmans to the respondents was without valuable consideration, and was made for the purpose of putting the senior Chapmans in such condition as that they could not be made to respond to the judgment against them held by the appellant Critzer. All of the authorities hold that, where a transfer is made under conditions such as exist here, there must have been a valuable consider-, ation paid, or to be paid, and the purchase- must have been in good faith and without any design or intention to hinder, delay or defraud creditors. There is no direct testimony showing that ten thousand dollars was the fair value of the land purchased by respondents, but the court may draw from the testimony inferences that such price was the fair value, and since the appellants nowhere contend to the contrary, we conclude that the transfer was not objectionable on the ground of insufficient consideration.
The appellants contend that the transaction was fraudulent in law because a part of the consideration was the payment of past services of the respondents to their parents, the grantors. A great many, and probably the greater number, of authorities hold that, where lands are deeded in payment of a past debt or
But it is contended that the transfer was fraudulent because made for the purpose of placing the senior Chapmans beyond the reach of their creditors. The authorities hold that a valuable consideration is not, in itself, sufficient; for, in addition thereto, it must appear that the purchase was in good faith and without any intent on the part of the purchaser to hinder, delay or defraud the grantor’s creditors. The testimony here conclusively shows that the respondents received the title to this property some months before the deficiency judgment was taken against their grantors; in fact, it appears that the respondents did not know of the judgment until October, 1917, being some nine months after they had received the title to the land in question. It also appears from the testimony and the court’s findings that, when the senior Chap-mans were served with process in the foreclosure suit, they were told by appellant Critzer that no personal
The conclusion to which we have come makes it unnecessary to decide other questions discussed by counsel in their briefs. We think the findings of the trial court are well supported by the testimony. The judgment is affirmed.
Holcomb, O. J., Fullerton, Tolman, and Mount, JJ., concur.