Bitsekas v. Parechanian

HART, J.

The plaintiff, as a judgment creditor of the defendant Parechanian, brought this action to set aside a deed executed by the latter to the defendant Sarkisian, conveying a half interest in a tract of forty acres of land situated in Kings County, on the ground that said deed of conveyance was the result of a fraudulent conspiracy between the two defendants to prevent the plaintiff from securing satisfaction of a judgment previously obtained by plaintiff and against Parechanian in the superior court of Fresno County for the sum of $2,153.90.

According to the complaint, the plaintiff brought an action against Parechanian in the above-mentioned superior court, and on June 19, 1921, was awarded judgment for the amount above stated; that execution upon said judgment was issued on the thirteenth day of September, 1921, and the writ thereupon placed in the hands of the sheriff of the county of Fresno for execution, and said writ returned unsatisfied; that thereafter, and on the thirteenth day of October, 1921, “a similar writ of execution was placed in the hands of the Sheriff of the County of Kings. . . . for execution, and that said writ has likewise been returned unsatisfied.” The complaint, in appropriate legal nomenclature, alleges the facts constituting the alleged fraud at the bottom of the transaction climaxing in the transfer of the property above referred to by Parechanian to Sarkisian and charges that said transfer was the result of a conspiracy between the said two defendants fraudulently to prevent plaintiff from securing satisfaction of his judgment against Parechanian; that said transfer was made and executed at a date subsequent to the date of the entry of said judgment, to wit: on the twenty-ninth day of June, 1921, and that the same was made without valuable or any consideration; that said Parechanian, by making said trans

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fer and putting out o£ his possession all other property belonging to him, became insolvent and “rendered himself incapable of paying said indebtedness,” or “execution proof. ’ ’

The relief asked for is that the deed of conveyance be adjudged and declared fraudulent and void, and that the land thereby purporting to have been conveyed be adjudged subject to the lien of the plaintiff's judgment against Parechanian and the “writ of execution” thereupon issued.