Shaffer

The defendant has appealed from a judgment herein quieting plaintiff’s title to two town lots.

The complaint is in the usual form of an action to quiet title. The answer denies plaintiff’s title and alleges ownership in defendant under an execution sale in an action by defendant against Jennie Prizer. The answer further alleges that on the twenty-sixth day of November, 1919, Mrs. Prizer “did without any consideration therefor, and with intent to defraud her creditors, including defendant herein, make, execute and deliver do one Ella Hill a certain grant, bargain and sale deed conveying, or purporting to convey to said Ella Hill all of her right, title and interest in and to the real property mentioned and described in paragraph one of plaintiff’s complaint herein; . . . that no consideration whatsoever was paid by the said Ella Hill to said Jennie Prizer for the making, execution and delivery of said deed, and that the same was made, executed and delivered in order to defeat the rights of creditors, including defendant herein, in and to the said real property of said Jennie Prizer. ’ ’

December 29, 1914, Eugene A. Prizer, the husband of Jennie Prizer, died intestate. January 7,…