Saurderson

This was a suit to set aside a deed made hy the defendant William B. Broadwell to the defendant C. E. Broadwell, upon the ground that it was in fraud of the rights of plaintiff as a creditor. The trial court gave judgment for the defendant, and the plaintiff appeals from the judgment, and from an order denying a new trial.

The court found that the deed “ was in good faith for a valuable consideration; that it was an actual sale, without reservation, and not in trust; fhat said deed was not fraudulently made, and was not made or executed or recorded or received, either on the part of said W. B. *133 Broadwell, or on the part of said C. E. Broadweli, or any one else, to hinder or delay or defraud any creditor or creditors of said W. B. Broadwell.”

In addition to the general finding, the court found specifically that the value of the property was “ about $1,-500”; and that the consideration was a pre-existing indebtedness of the grantor to the grantee of $800, and a promise by the latter to assume and pay an indebtedness of $688 of the grantor to a third person, which indebtedness was paid by the grantee within a reasonable time.

The indebtedness of the grantor to the grantee was…