Kirkland

Louis and Lloyd Risso appeal from that portion of the trial court’s judgment which set aside, as against respondent, a deed of trust executed by trustor Louis Risso in favor of beneficiary Lloyd Risso covering certain real property located in the County of San Joaquin.

In a prior action, judgment was entered on July 16, 1974, in favor of respondent and against appellant Louis Risso for $635,165.35, the amount adjudged due and owing to respondent’s assignor, John O’Neill, on a book account for hay, feed and other products dating back to 1949.

Respondent was unable to collect the judgment through the execution process due to claims made by appellant Lloyd Risso that he was now the owner of property formerly belonging to appellant Louis Risso. Respondent filed an action in San Mateo County to quiet her title to the real property and for fraudulent conveyance naming, inter alia, Louis and Lloyd Risso, the appellants herein.

The record reveals that respondent filed her original action on August 3, 1973 and served appellant Louis Risso on August 5, 1973. On August 20, 1973, appellant Louis Risso executed and recorded a trust deed on certain property in San Mateo County owned…