Sears v. Lydon
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. This case involves the validity of a voluntary conveyance by one brother to another, with the alleged intention of hindering, delaying and defrauding creditors. Such conveyances have always been regarded with disfavor by the courts, and statutes against them have received a liberal construction.
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APPEAL from District Court, Nez Perces County. This case involves the validity of a voluntary conveyance by one brother to another, with the alleged intention of hindering, delaying and defrauding creditors. Such conveyances have always been regarded with disfavor by the courts, and statutes against them have received a liberal construction. In suits instituted for the purpose of impeaching transactions on the ground of fraud, specific facts must be alleged, and in what the fraud consists and how it has been effected. (8 Am. & Eng. Ency. of Law, 653, and authorities there cited; Harkness v.…
1Opinion of the CourtQijarles, J.
On the twenty-third day of August, 1895, a writ of attachment was issued out of the district court of the first judicial district of Idaho, in and for Shoshone county, in an action there commenced by Mary E. Goddard, as plaintiff, against II. P. Barger and C. E. Sears, as defendants, in favor of said plaintiff and against the said defendants, to secure a debt alleged to be due to said plaintiff from the said defendants, in the sum of $1,127, which writ of attachment was directed to the sheriff of Nez Perces county; and the same was on the twenty-eighth day of August, 1895, placed in the hands…
2Cases cited2 opinions
- Nightingale v. ScannellCalifornia Supreme Court · 1861
- Harkness v. SmithIdaho Supreme Court · 1891
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- Mohar v. McLelland Lumber CompanyIdaho Supreme Court · 1972
- Mock v. TerryOregon Supreme Court · 1968
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