Samuelson

Plaintiff appeals from a judgment quieting title in defendant to two parcels of real property. The issue on appeal is whether the trial court erred in refusing to im pose a constructive trust upon said property in favor of appellant.

Facts: Prior to December 1952 appellant was the owner of a parcel in Richmond improved with a house (hereafter “San Luis Avenue property”) and of an unimproved parcel in Pleasant Hill (hereafter1 2‘Bonnie Lane property”).

On December 1, 1952 appellant executed and delivered a quit-claim deed of the San Luis Avenue property to one Stevens. On December 13, 1952 appellant executed and delivered a quit-claim deed of the Bonnie Lane property to said Stevens. Both deeds were recorded in December. Both conveyances were without consideration and were made for the sole purpose of defrauding appellant’s creditors. This is expressly admitted by appellant.

On April 10, 1953 one Mercer, an assignee of two of said creditors who had reduced their claims to judgment, filed suit to have the conveyances to Stevens set aside as being in fraud of creditors. During the pendency of this action respondent purchased these two judgments, which were in the respective…