Malaquias

The defendant Tony Ferreira has appealed from a judgment which was rendered against him in an equitable action in the nature of a creditor’s bill to cancel an alleged fraudulent transfer of a stock of merchandise and store fixtures, under section 3440 of the Civil Code, and to subject the property to the satisfaction of a former judgment against the vendor in the sum of $3,887.50. The judgment in this case provides that the vendee, Tony Ferreira, shall, upon demand, forthwith deliver to the sheriff the property in question, and upon failure to do so that judgment for said amount shall be entered against him. An appeal was also taken from an order denying appellant’s motion, under section 675 of the Code of Civil Procedure, to direct the satisfaction of the judgment in .this case on the theory that appellant had tendered to the sheriff all of the merchandise and fixtures except certain items valued at the sum of $437.32, which had been previously sold, and that the last mentioned sum had been tendered to the sheriff in lieu of the missing property.

The appeals were taken on the judgment roll only. No bill of exceptions was settled or presented. The evidence upon neither the trial…