Kerns v. Washington Water Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. An action to cancel and set aside a deed on the ground of fraud. “A judgment creditor issuing execution and levying upon and selling land which his judgment debtor has previously conveyed by a deed voidable as to him because of fraud renders the conveyance absolutely void, and vests the legal title in the purchaser at the execution sale.”
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. An action to cancel and set aside a deed on the ground of fraud. “A judgment creditor issuing execution and levying upon and selling land which his judgment debtor has previously conveyed by a deed voidable as to him because of fraud renders the conveyance absolutely void, and vests the legal title in the purchaser at the execution sale.” (Wagner v. Law, 3 Wash. 500, 28 Am. St. 56, 28 Pae. 1109, 29 Pac. 927, 15 L. R. A. 784.) “A transferee of property from an insolvent debtor holds…
1Opinion of the CourtStewart, J.
This is an appeal from a judgment of dismissal entered by the district court of Kootenai county after the court had entered an order sustaining the demurrer to the amended complaint and the plaintiff refused to amend. The Washington Water Power Company, respondent, was the only defendant named in the complaint that appeared in the case, and it was this company that filed the demurrer.
The material allegations of the complaint are as follows:
1. That the defendant, the Washington Water Power Company, is now, and at all the times named was a corporation, duly organized and existing under the laws…
2Cases cited17 opinions
- Vance Shoe Co. v. HaughtWest Virginia Supreme Court · 1895
- Wagner v. LawWashington Supreme Court · 1892
- Leavengood v. McGeeOregon Supreme Court · 1907
- Allen v. RiddleSupreme Court of Alabama · 1904
- California Consolidated Mining Co. v. ManleyIdaho Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Frazee v. FrazeeIdaho Supreme Court · 1983
- Buhl State Bank v. GlanderIdaho Supreme Court · 1936
- Crumpacker v. Bank of Washington CountyIdaho Supreme Court · 1924
- Moser v. Pugh-Jenkins Furniture Co.Idaho Supreme Court · 1918
- State v. National Surety Co.Idaho Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.