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eBook details

• Title: Fross V. Wotton
• Author : Supreme Court Of California In Bank
• Release Date : January 26, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

THOMPSON, J. During August, 1929, the defendants A. D. Wotton and Maude Wotton, his wife, gave to Louis Greenwald, in connection with the purchase of certain real property in Glenn County, their promissory note for $12,500, dated August 27, 1929, and secured by a trust deed on the purchased property. On January 11, 1930, notice of default and election to sell under the trust deed was given by the trustee. On February 21, 1930, the Wottons conveyed to the defendant Osca A. Peach, who is a sister of A. D. Wotton, four parcels of land in Santa Clara, San Francisco and Marin Counties and, on the same day, declared a homestead on their one remaining piece of real property on Irving Street in San Francisco. Sale was had under the trust deed on May 12, 1930, and Greenwald repurchased for about $1500, assigning his interest in the note to B. Fross, plaintiff in this action, on May 15, 1930. Fross commenced action on the note on May 17, 1930, and recovered a deficiency judgment on March 10, 1931, for $12,239.36 plus interest and costs. On June 1, 1931, Fross instituted this action to set aside the four conveyances to Mrs. Peach as having been made in fraud of creditors. On June 16, 1931, the Wottons were adjudged bankrupts on voluntary petition, Fross filing the only substantial claim in the bankruptcy proceeding. A complaint in intervention was filed by Frank A. Rethers, trustee in bankruptcy of the estate of A. D. Wotton. The defendants A. D. and Maude Wotton defaulted. From a judgment of nonsuit granted on motion of the defendant Osca A. Peach, the intervening trustee in bankruptcy prosecutes this appeal.

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