Grider v. Manisera

GOULD, J.,

pro

tem.

In these two eases, consolidated for trial, plaintiff, an aged widow, recovered judgments for the return of certain properties which she had transferred to her daughter and granddaughter. The transfers were made, it was alleged, because of the coercion and insistence of the transferees and upon representations that if such conveyances were not made "other persons” would seize said properties. It was also alleged and found that said transferees promised to reconvey the properties to plaintiff upon demand, but had failed and refused so to do.

No sufficient legal reason is shown to disturb the judgments of the trial court. Findings supported by ample, and satisfactory evidence were in favor of plaintiff, and it’ is not our province to interfere with the conclusions reached by the fact finder. Appellants urge, however, that respondent in fact alienated her property to hinder and embarrass creditors, and that she may not now be heard in a court of equity in an effort to recover that which had been fraudulently transferred to another. This equitable rule is a well recognized and widely applied one, but in the present actions the facts do not warrant invoking the principle in the manner contended for by appellants. In the first place, the issue of transfer in fraud of creditors was raised as a special defense, conflicting testimony on the point was presented and the trial court specifically found that the properties were not conveyed to appellants with intent to hinder, delay or defraud respondent’s creditors. Furthermore, respondent testified that representations as to loss of the properties to creditors or "other persons” were made by appellants themselves, and it was alleged that such representations were fraudulently made to induce respondent to make the transfers. Adopting the theory of appellants that the transfers were made for an improper purpose, yet the facts justify the conclusion that

[357]

the parties were not

in pari delicto,

and that respondent, unduly influenced by false representations, should be afforded relief. (See

Anderson