Legal Opinion

Booth v. Galt

California Supreme Court

Decided July 1, 1881No. 7,160PublishedCited by 7 opinions

Appeal from an. order denying new trial in the Sixth District Court of Sacramento County. Denson, J. The defendant, William Galt, was indebted to the plaintiff for money loaned him on the 1st of May, 1875. On the 19th of May of the same year the defendant, Margaret Galt, who was the wife of the defendant William, filed her declaration of homestead on the land in controversy, which was defective in the point stated in the syllabus.

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Appeal from an. order denying new trial in the Sixth District Court of Sacramento County. Denson, J. The defendant, William Galt, was indebted to the plaintiff for money loaned him on the 1st of May, 1875. On the 19th of May of the same year the defendant, Margaret Galt, who was the wife of the defendant William, filed her declaration of homestead on the land in controversy, which was defective in the point stated in the syllabus. On the 4th of January, 1878, William Galt, for the stated consideration of love and affection and of one dollar, conveyed the premises to his wife Margaret. On the…

1Opinion of the Court

The Court :

Appellant relies upon the insufficiency of the evidence to justify the decision and judgment. The only question which the Court had to determine was whether a conveyance from William Galt to his wife, Margaret Galt, was in fraud of, and void as to, a creditor of said William upon a pre-existing debt. We have examined the evidence as to the bona fides of the husband and wife in the conveyance, by the former to the latter, of the premises in controversy, and we are not satisfied that the findings of the Court are not so far supported by it, as to preclude this Court from disturbing…

2Cited by7 opinions

  1. Cunha v. HughesCalifornia Supreme Court · 1898
  2. Strangman v. DukeCalifornia Court of Appeal · 1956
  3. Johnson v. BraunerCalifornia Court of Appeal · 1955
  4. Reid v. Englehart-Davidson Mercantile Co.California Supreme Court · 1899
  5. Schuler-Knox Co. v. SmithCalifornia Court of Appeal · 1943

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