Eastman

This action was brought to have a certain deed made by defendant Eastman to defendant Lennox set aside as fraudulent and to have the premises therein described declared to be subject to the lien of an attachment procured by plaintiff against Eastman. The court filed findings, upon which judgment was entered in favor of the plaintiff as prayed. Defendant Lennox made a motion for a new trial, which was denied, and this appeal is by Lennox from, the judgment and order denying his motion. It is contended by the appellant that the pleadings and evidence do not sustain the findings and that the findings do not sustain the judgment, and, as this involves the merits of plaintiff’s case, we will examine it somewhat in detail.

Without separating the allegations of the complaint from the findings, it is sufficient to state that the facts alleged and found, so far as material to the questions discussed, are substantially as follows: On June 9, 1894, defendant Eastman made and delivered his promissory note to plaintiff’s assignor. On November 30, 1895, Eastman was the owner of the lands described in the complaint, and, in consideration of certain bonds of the value of seventy-five hundred…