Scholle

John Finnell was, in his lifetime, largely indebted to the plaintiff. He died in October, 1905, leaving an estate which was appraised at a value insignificant in comparison with his obligations. Plaintiff’s claim for the amount due him was presented, allowed by the administrator of Finnell’s estate, and approved by the court. The plaintiff sought to realize on his claim by instituting actions to set aside, as in fraud of creditors, transfers of property alleged to have been made by John Finnell during his lifetime. One such action was instituted in the superior court of Tehama County. In that litigation the plaintiff assailed six conveyances of real estate, all made to one or more of John Finnell’s four sons. The superior court of Tehama County found and adjudged that three of the six conveyances were fraudulent and void as to plaintiff, because made without consideration and while the grantor was insolvent. The defendants appealed from this portion of the decree, and such appeal resulted in an affirmance. (Scholle v. Finnell, 166 Cal. 546 , [ 137 Pac. 241 ].) With respect to the other three conveyances involved in the Tehama action, the court found against the allegations of…