Cooper

This is an appeal from the judgment in an action to set aside as fraudulent a transfer of certain choses in action made by one W. S. Nolan to his brother, the defendant. The assignee in insolvency of said W. S. Nolan, by leave of court, filed a complaint in intervention. Findings and judgment went in favor of the intervener and against the defendant, from which judgment the appeal is taken upon the judgment-roll alone. It is alleged in the complaint in intervention, and found by the court, that the property transferred, or attempted to be transferred, by W. S. Nolan to his brother was without any consideration whatever, and was merely a fraudulent pretense; that said W. S. Nolan was not indebted to said defendant in any sum of money whatever, •or under any obligations to him; that said fraudulent transfer was made secretly and out of the usual course of business, and said property was taken and received by the defendant with full knowledge in him of the intent to hinder and defraud the creditors of said W. S. Nolan; and that said defendant had received from the collection of accounts and choses in action so assigned to him the sum of $4,933.25. The decree based upon said findings…