Sharp v. Frank
Sharp v. Frank
Opinion of the Court
This is an action to quiet the title of plaintiff to an undivided third interest in and to lots 8, 9, and 10, in block 40, situate in the town of Madera, county of Madera, state of California. The cause was tried before a jury, and written answers returned to certain special issues and interrogatories propounded to them, which the court approved and adopted, and, in addition thereto, made and filed certain other findings of fact and its conclusions of law thereupon,' upon which a decree was entered quieting the title of plaintiff, and decreeing the defendant to have no right, title, estate, or interest in or to the said lots of land and premises, or in or to any part thereof. Defendant appeals from the judgment, and from an order denying his motion for a new trial.
The plaintiff, a married woman, claims title by deed executed to her by her husband, L. 0. Sharp, on the eighteenth day of October, 1892. Defendant claims title as a judgment creditor of the said L. 0. Sharp, and under an execution, levy, sale, certificate of sale and sheriff’s deed of said property, and asserts that the deed executed by L. 0. Sharp to his wife, the plaintiff here, was and is void as to him, because the same was made with intent to hinder, delay, and defraud him of his claim as a creditor against L. 0. Sharp. Some forty interrogatories were propounded to the jury, to which answers were returned. The court, having considered the
We concur: Britt, C.; Haynes, C.
For the reasons given in the foregoing opinion the judgment and order appealed from are reversed and a new trial ordered.
Reference
- Full Case Name
- SHARP v. FRANK
- Status
- Published
- Syllabus
- Trial—Findings—Indefiniteness.—Where, in an Action to Quiet Title, involving the question whether a conveyance to plaintiff was with intent to delay or defraud creditors (declared in such ease by Civil Code, section 3439, to be void), the jury returned answers to interrogatories, which the court adopted, subject to its findings of fact, such findings to govern in case of conflict with the answers, and the jury found that plaintiff’s husband conveyed the property to her to prevent defendant from satisfying his claim against him, that plaintiff knew her husband was insolvent, and that he made the deed to plaintiff with intent to hinder and delay, but not to defraud, defendant; and the court found that the deed to plaintiff was not executed “with a view to conceal his property from defendant or his other creditors, nor improperly to hinder or delay them”—the findings will be held too indefinite to support a judgment for plaintiff.