Ybarra

The findings are attacked on the ground that it appears by the evidence that the plaintiff executed the deeds of July 19th and August 2d, respectively, for the purpose of defrauding his creditors.

The plaintiff, testifying in his own behalf, stated as follows: “ The paper (the conveyance of July 19th) was made because parties wanted me to pay more than, was justly due them, and, therefore, I went and made this conveyance of this piece of land to Mr. Lorenzana to save it from being taken from me to satisfy an unjust debt.” Again, he testified as follows: “I executed this deed [the deed of August 2d] because I was afraid they would attach the property. I executed it for the purpose of saving him for the payment of the money I owed him, [Lorenzana] and the land.”

The deed of August'2d was executed for the purpose of correcting a mistake in the description in the boundaries of the land conveyed by the deed of July 19th, and the complaint was filed for the purpose of obtaining a decree declaring the conveyance of August 2d to have been a mortgage merely, and not an absolute deed, as it purports on its face to be.

The answer denied that the deed in question was intended as a…