Cioli

This is an action brought by the plaintiff to set aside certain conveyances alleged to have been made by John Kenourgios to said Samuel Kenourgios and Frank Kenourgios for the purpose of defeating plaintiff’s claim, and for defeating creditors generally. Judgment was rendered for the plaintiff, canceling and annulling the deed and bill of sale in controversy.

The main contention of appellants is made on the ground of insufficiency of the evidence to sustain the alleged grounds of fraud. A brief statement of the evidence will be necessary for the purpose of an examination of this contention.

It appears from the evidence that the three brothers, natives of Greece, came to Sacramento and formed a partnership to engage in the grocery and bakery business in that city. John (grantor and vendor herein) and Samuel came first, in 1915, and Frank joined them later. While associated in said business as such partners, on the fourth day of July, 1920, an automobile collision occurred in which the said Claude Cioli, plaintiff herein, was injured; the automobile, a borrowed one, was being driven by John, the other brothers not being present. On September 21, 1920, the attorney' for Cioli wrote…