Vandervort

Plaintiff sued in equity as a judgment creditor of the defendant Emma L. Godfrey to set aside a deed made by said defendant to her husband and codefendant herein. Plaintiff had sued the defendant Emma L. Godfrey for damages for tort resulting in the death of her husband. During the course of the trial and on the day previous to the entry of verdict against her the said defendant, at the request and suggestion of her counsel and for the purpose of defeating plaintiff in the collection of the judgment which was then anticipated would be entered against her, deeded all her property over to her husband without any consideration. Plaintiff, claiming that this was a fraud upon her as the property conveyed was all the separate property of the defendant Emma L. Godfrey, brought this action to have the deed set aside and to impress upon and enforce her lien represented by the judgment. The trial court found that the property was the community property of Emma L. Godfrey and her husband and entered judgment in their favor.

The facts of the case material to this appeal' are that prior to October 15, 1907, the defendant Emma D. Godfrey, who was then a widow, obtained from the estate of her…