Gustin v. Mathews
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Mon. 3. W. Stewart, Judge. Action by the plaintiff, as trustee, to set aside a certain deed, executed by Mathews to his wife, on the ground that tbe conveyance was fraudulent as to bis creditors.. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. Tbe contention of tbe appellant is tbat tbe deed to ber was made in good faitb.
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Appeal from the Third District Court, Salt Lake County.— Mon. 3. W. Stewart, Judge. Action by the plaintiff, as trustee, to set aside a certain deed, executed by Mathews to his wife, on the ground that tbe conveyance was fraudulent as to bis creditors.. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. Tbe contention of tbe appellant is tbat tbe deed to ber was made in good faitb. Tbe plaintiff alleges fraud, but defendant contends tbat tbe evidence fails to support any sueb allegation, nor does tbe plaintiff attempt to show tbat fraud existed in tbe mind of tbe grantor, tbat…
1Opinion of the CourtBartch, J.
This is an action brought by "the plaintiff, as trustee in bankruptcy of Thomas Mathews, to set aside and declare null and void a certain deed executed by Mathews to his wife, conveying a certain parcel of real estate, on the ground that the conveyance was fraudulent and void, and made'for the purpose of placing the property out of reach-of his creditors. From the evidence it appears, substantially, that the property conveyed and in controversy consists of a comer lot, ten by twenty rods, situate in the northwest portion of this city; that Thomas Mathews conveyed it to his 'wife, the…
2Cases cited1 opinion
- Ogden State Bank v. BarkerUtah Supreme Court · 1895
3Cited by4 opinions
- Zuniga v. EvansUtah Supreme Court · 1935
- Adams v. Silver Shield Min. & Mill. Co.Utah Supreme Court · 1933
- Segal v. Grooms (In Re Grooms)United States Bankruptcy Court, D. Utah · 1981
- Young v. HolmanNevada Supreme Court · 1923