Zeller

On February 27, 1929, plaintiff recovered judgment against D. A. Knapp in the sum of $6,000 and costs. This judgment has been affirmed on appeal. (Zeller v. Knapp, 115 Cal. App. 486 [ 1 Pac. (2d) 1071 ].) The complaint in that action was probably filed prior to November 12, 1927. An abstract of judgment was recorded in Orange County on February 24, 1930. An execution was issued and returned wholly unsatisfied.

The complaint in this action was filed on July 17, 1930. It is alleged that after contracting the debt upon which the first judgment was rendered, and on November 12, 1927, in contemplation of insolvency, D. A. Knapp transferred to Myra C. Knapp, his wife, the property here in question without any consideration and with the intent upon his part to hinder, delay and defraud his creditors. It is not alleged that Myra C. Knapp committed any fraud or had any notice of the fraud of D. A. Knapp, her grantor.

The answer admits the transfer; denies that it was in contemplation of insolvency or without consideration, and denies that it was made by D. A. Knapp with any design to hinder, delay or defraud any of his creditors. A separate defense alleges that the property in question…