Phillips v. Huffaker

LENNON, P. J.

Defendants appeal from a judgment entered in favor of the plaintiff as trustee in bankruptcy of the defendant, E. Huffaker, to set aside a deed made by said Huffaker to his wife, the defendant Jennie B. Huffaker, on the ground that it was made within four months of the adjudication decreeing the defendant E. Huffaker a bankrupt; that it was without consideration, and made for the purpose of hindering, delaying, and defrauding creditors.

Briefly, the facts are these: On January 12, 1915, one Gray secured a judgment against the defendant E; Huffaker, in the sum of $1,105. After the rendition of that judgment, but before the entry thereof, the defendant E. Huffaker reconveyed a one-half interest in certain real property to his wife, the defendant Jennie B. Huffaker, which she had previously

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conveyed to Mm, and then filed a petition, in bankruptcy and was adjudicated a bankrupt.

The Huffakers defended the present action upon the ground that the property in question was held by the husband in trust for the wife, and was therefore rightly reconveyed to her.

The only question raised upon this appeal is as to the sufficiency of the evidence to support the trial court’s findings that defendants “willfully testified falsely as to material facts in said cause” and “that the deed made, executed, and delivered by B. Huffaker, defendant herein, to Jennie B. Huffaker, . . . was given by said defendant B. Huffaker to said Jennie B. Huffaker, his wife, for the purpose of hindering, delaying, and defrauding the creditors of Mm, the said B. Huffaker.”

The. only witnesses produced in the case were the defendants, who were called by the plaintiff, and their testimóny in terms supports the allegation of their answer that the property was held by B. Huffaker in trust for the benefit of his wife, and therefore it is contended that there is no evidence to support the findings in question, and that the trial court was not justified in rejecting the uncontradieted testimony of the defendants.

The general rule that the uncontradicted testimony of a witness may not be disregarded by the trial court of course has its limitations, and, as is pointed out in