Ll] Fraud — Intent — Pleading — Constructive Fraud.—In a case where constructive fraud is relied on, it is necessary to allege the fraudulent intent, under section 3442 of the Civil Code. It is only by reason of the proviso in that section that fraud becomes established constructively or as a matter of law.

[2] Fraud upon Creditors — Void Transfers — Intent — Presumptions—Consideration.—While the transfer of property with intent to delay or defraud creditors is declared by section 3439 of the Civil Code to be void as to creditors, the intent in such a case is a question of fact and is not to be presumed from the mere fact of the transfer. It is only where the transfer is made or given voluntarily, or without a valuable consideration, by a party while insolvent or in contemplation of insolvency, that the statute declares such transfer to be fraudulent and void as to- existing creditors.

[3] Id. — Consideration — Adequacy—Good Faith.—A valuable consideration is such as money or the like and the adequacy or inadequacy of the amount, or its disproportion to the actual value of the property, does not affect the kind of consideration. The adequacy of the consideration is an element of the good faith of the transaction, and has no bearing upon whether the consideration is a valuable or good one.

[4] Id.—Fraudulent Intent—Evidence—Burden of PkooF.—Where a transfer of property is supported by a valuable consideration, the burden of showing that it was made with fraudulent intent is upon the plaintiff.

2. Presumption that voluntary conveyance is in fraud of creditors, note, 119 Am. St. Rep. 557.

[5] Id.—Right to Prefer Creditors—Knowledge of Insolvency— Intent.—A transfer of property whereby one creditor is preferred is not void unless such creditor has actual knowledge of the debtor’s insolvency and of his intention to defraud his creditors, or has knowledge of facts sufficient to put an ordinarily prudent man upon inquiry.

[6] Id.—Inadequacy of Consideration — Evidence of Fraudulent Intent.—Proof of inadequacy of consideration is not alone sufficient to establish fraudulent intent on the part of the vendor, participated in by the vendee, which will invalidate the transaction,, unless the inadequacy is so manifest as to shock the moral sense and create on its mere mention a suspicion of fraud.

|7] Id.—Case at Bar—Findings—Evidence.—In this action by a judgment creditor to set aside a conveyance of real property alleged to have been made with intent to delay and defraud creditors, there was nothing in the record to support the findings of fraud, whether considered as constructive or actual.

5. Invalidation of transfer of property for good consideration by transferee’s participation in intent of transferrer to defraud creditors, note. 32 L. R. A. 40.