White

The suit is in equity, to compel the defendant Costigan to convey to plaintiff 640 acres of land situated in Kings County. Plaintiff had judgment, and defendants appeal from an order denying their motion for a new trial. No appeal is taken from the judgment. The action was com menced in Kings County, but was, by stipulation, transferred for trial to the city and county of San Francisco. The complaint sets forth in substance that White, the husband of plaintiff, entered into a contract with the defendants Costigan and the two Cohens, by which said defendants agreed to furnish White with the money to buy the land in controversy, and take the deed to said land in the names of said defendants; that on October 5, 1887, said defendants did as they had previously agreed,—took the deed and had it recorded in their own names as grantees; that thereafter, in a divorce case then pending between plaintiff and her said husband, White, said plaintiff was awarded a decree of divorce, a monthly allowance, and a further decree and judgment against said White for $100,000; that a receiver was duly appointed in said case, who, under the order of the court, seized and sold certain lands of said…