Dorris

Action to quiet title. The complaint contains the averments usual in this class of actions, all of which are denied in the answer. In addition to such denials, the answer contains affirmative allegations, reciting that on the eleventh day of January, 1901, appellant commenced an action in the superior court of Modoc county, against. P. A. Dorris and C. J. Dorris, a copartnership styled P. A. Dorris & Bro., upon a promissory note executed to appellant by said partnership, for the principal sum of $2,780, and interest thereon, which action was then pending and undetermined. That appellant, in the event that he obtained judgment in said action, which had then been pending more than two years and nine months, intended to and would institute an other action to set aside the transfer of the property in dispute to plaintiffs, on the ground that at the time such transfer was made, said property belonged to, and was owned by said partnership, and the members thereof, who procured the execution of said transfer to plaintiffs for the purpose of hindering, delaying and defrauding the creditors of said firm. The facts which might render such transfer fraudulent were not stated, nor was there…