What is the general rule that one who conveys property to another in fraud of creditors cannot recover the property from the fraudulent grantee?

California, United States of America


The following excerpt is from Stansbury v. Stansbury, 149 Cal.App.2d 760, 309 P.2d 137 (Cal. App. 1957):

'It is the general rule that one who conveys property to another in fraud of creditors cannot recover the property from his fraudulent grantee. 12 Cal.Jur. 1026. It is otherwise however if the fraudulent grantee voluntarily reconveys to the fraudulent grantor. The rule applicable in such cases was quoted by this court from 27 C.J. 658 in Williamson v. Kinney, 52 Cal.App.2d 98, 103, 125 P.2d 920, 923:

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