Bird

— Judgment was entered herein quieting plaintiff’s title to two lots in the town of Lodi. The defendant has appealed from the judgment. A prior judgment in the action in favor of the plaintiff was reversed on the ground that the court failed to find upon the defendant’s allegation that the conveyance of the lots to plaintiff was fraudulent. (Bird v. Murphy, 72 Cal. App. 39 [ 236 Pac. 154 ].) On the retrial of the case the parties stipulated .that the case be submitted upon the transcript of the evidence given at the former trial. The facts and circumstances out of which the controversy arose are stated in the opinion filed herein on the former appeal. It is there said: “These circumstances furnish at least some evidence of a fraudulent conveyance.” The evidence given to the contrary was not stated, the only question for determination being whether there was sufficient evidence of fraud to require a finding thereon.

As stated in the former opinion, the defendant, in an action for maintenance, was given judgment against her father, S. S. Murphy, July 2, 1914. Thereafter, and before the judgment was docketed, Murphy conveyed the lots in question to his wife, who, after the judgment…