FREITAG v. McGHIE

No. 64501-9.

947 P.2d 1186 (1997)

133 Wash.2d 816

Rommel FREITAG and Bernice Johnson Freitag, Petitioners, v. Frank W. McGHIE and Darlene T. McGhie, husband and wife, and Dorothy Lunn, as her separate estate, Respondents.

Supreme Court of Washington, En Banc.

Decided December 11, 1997.

As Amended December 18, 1997.


Attorney(s) appearing for the Case

Maier & Severance, P.C., by Laurence Severance, Seattle, for Petitioners.

Sinsheimer & Meltzer, Inc. Lois Meltzer, Seattle, David Metcalf, Everett, for Respondents.


JOHNSON, Justice.

This case requires us to interpret the statute of limitations provision for the Uniform Fraudulent Transfer Act, RCW 19.40, and decide whether a claim must be filed within one year after discovery of the transfer or one year after discovery of the fraudulent nature of the transfer. The trial court, after finding clear and satisfactory proof of fraudulent intent, dismissed Petitioners' action. The court ruled the claim was barred by the statute of...

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