Schell
Schell v. Gamble
Opinion
Lead Opinion
Angellotti, J.
This is an appeal from an order denying plaintiff’s motion for a new trial. The action was instituted September 15, 1902, by a judgment creditor of defendant A. W. Gamble, to subject certain real property in Santa Cruz and Contra Costa counties, standing of record in the name of defendant W. H. Gamble, son of defendant A. W. Gamble, to execution upon the judgment of plaintiff, upon the ground as to the Santa Cruz property, that a conveyance thereof by the father to the son, made July 20, 1893, was made with intent to defraud certain designated creditors and is void, and upon the ground as to the Contra Costa property, that the same is in fact the property of A. W. Gamble, purchased by him in November, 1898, and that the legal title thereto was at the time of the purchase caused by said A. W. Gamble to be placed in his son, with the intent and for the purpose of defrauding said creditors.
The principal contention of appellant is that the findings of the trial court in favor of defendants upon these matters are not sufficiently supported by the evidence. This contention cannot be upheld.
First, as to the Santa Cruz property: The conveyance of this property was made by A. W. Gamble…