Southwick

This is an action by the plaintiff as a creditor of Thomas W. Moore, deceased, to set aside a deed from said decedent to his wife, Mary Theresa Moore, on the ground that the deed was given to defraud creditors. By this proceeding it was sought to claim the property conveyed and have it declared that of the estate of Thomas W. Moore, and as such applied to the satisfaction of the plaintiff’s claim, which had been allowed and approved before the filing of the action, in the sum of $3,457.09. The deed in question was executed on the twenty-fourth day of March, 1898, and purported to convey a part of the Las Positas or Hope ranch, in the county of Santa Barbara. The case was tried before the superior court of Santa Barbara County and judgment rendered in favor of the plaintiff by which it was held that the deed was null and void as against the plaintiff, and it was adjudged that the property described therein is a part of the estate of Thomas W. Moore, deceased, to be applied to the payment of the plaintiff’s claim.

The principal contention of the appellant is based upon the assertion that certain findings are not supported by the evidence. There is also a question raised that the…